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German company Bayer Corp. (Bayer) (plaintiff) patented a cancer drug called Nexavar. India’s patent office granted a compulsory license to make and sell Nexavar in India to an Indian company called Natco Pharma Ltd. (Natco) after Bayer refused to grant Natco a license voluntarily.
18 wrz 2022 · Introduction. The Intellectual Property Appellate Board upheld the Controller of Patents’ decision to give India’s first compulsory licence and clarified the circumstances under which such licences are permissible. Facts related to the case Bayer Corporation v Union of India and Others.
15 lip 2014 · Bayer Corporation applied for and was granted patents for this drug in the USA, India, and over 45 other countries, giving them exclusive rights to make, use, and sell the drug for 20 years. The Union of India and Natco Pharmaceuticals Limited (Natco) were the Defendants in this case.
15 lip 2014 · It held that the working in India would have to be decided on a case to case basis and there can be no general rule that when the products are imported into India and not manufactured, it follows that patented drugs is not being worked in the territory of India.
14 sie 2024 · Key legal issues discussed. 1. Did the applicant (Natco) make efforts to obtain a voluntary licence from the Patent holder (Bayer) as required under Section 84 (6) (iv) of the Patents Act, 1970? Yes. There are two conditions precedent to consider an application for Compulsory Licence.
15 lip 2014 · In the case of Bayer Corporation vs Union of India, a significant legal battle unfolded in the Indian courts, with far-reaching implications for the pharmaceutical industry and the application of patent law.
12 mar 2015 · Supreme Court - Daily Orders Bayer Corporation vs Union Of India . on 12 March, 2015 Bench: Ranjan Gogoi, Rohinton Fali Nariman CHAMBER MATTER SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) NO. 474/2015 IN SLP(C) NO. 30145/2014 BAYER CORPORATION Petitioner(s) VERSUS UNION OF INDIA & ORS.
