AN UPDATE: India – Natco – Compulsory license

This is an update of Natco’s compulsory license application for Sorafenib and continuation of the earlier post. Controller of patent posted this CL opposition hearing on Jan 06, 2012. (DNA article). Bayer/patentee has sought for adjournment of this hearing (copy of letter found from IPO site).

Background: We are aware that Natco pharma has applied compulsory license (CL) for Bayer’s drug Sorafenib (Nexavar) for marketing in India on various grounds available under section 84. Controller has published Natco’s CL application in official journal dated Aug 12th 2011 as per 87(1) and any person interested could file notice of opposition. Meanwhile, Bayer was challenging this controller decision of prima facie case made out under 87(1) in Delhi High court. Delhi high court dismissed this petition challenge and said that Bayer’s entire proceedings before the Controller is still open and they can raise all the issues before the Controller. Now, this is about opposition filed by Bayer on Natco’s CL, and the hearing is scheduled on Jan 06 2012.

About Guna

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