Bayer’s plea allowing Natco a compulsory license to manufacture a drug discovered by it hit a fresh hurdle in the Bombay HC. Bayer had filed this plea against the Intellectual Property Appellate Board (IPAB) in 2013.
A division bench of the Bombay HC, headed by Justice Oka, refused Bayer’s plea to place the matter before the court for urgent hearing. In a brief order passed today, the division bench cited several pending cases and disregarded the urgency cited by Bayer.
Also read: Aurobindo may see 4% EPS dilution in near term: CIMBBayer is now likely to seek for the matter to be placed before a different division bench of the Bombay HC.
Bayer argued that time was of the essence as the drug had been granted a 20-year patent, beginning from 2003, and that the compulsory license to Natco for manufacturing the generic version of the drug in question would grievously hurt the company.
Bayer also argued that this was the only and the first case where a compulsory license had been granted. Bayer argued that the company had spent billions of dollars in developing the drug and that the compulsory licensing regime would drive away pharmaceutical MNCs.
In a landmark ruling in March 2013, the IPAB had allowed Natco to continue manufacturing and selling generic version of Nexavar – a drug for treating kidney cancer. natco had been directed to pay royalty to Bayer, who had developed the drug.
Natco sells the monthly dose for 8800 rupees as opposed to Bayer retailing the drug for 2.8 lakhs. Bayer is seeking a stay on the IPAB order before the Bombay HC.
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