India Patent Ruling on Cancer Drug a Blow to Bayer AG

Author: Lisa Shuchman, Corporate Counsel [USA], Published on: 5 March 2013

Big Pharma was dealt a heavy blow in the battle over compulsory licensing Monday, when India’s patent appeals board ruled that a domestic generic drug maker could continue to make and sell a low-priced copy of Nexavar, a cancer medication patented by Bayer AG. It was the first time the Indian patent authority confirmed that the use of compulsory licensing in India was legal. Bayer immediately issued a statement saying it would appeal the ruling…Under an international trade agreement known as Trade-Related Aspects of Intellectual Property Rights (TRIPS), countries can issue compulsory licenses on certain drugs that are deemed unaffordable to a large section of their populations.

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Related companies: Bayer