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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.
The Controller drafted the terms and conditions of the compulsory license and awarded a 6% royalty from profits to Bayer. Bayer appealed the Controller’s decision before the Indian Intellectual Property Appellate Board (IPAB).
14 sie 2024 · “Compulsory licenses can be granted to ensure affordable access to essential medicines, prioritizing public health over patent rights.” Citation: AIR 2014 Bom 178 Date of Judgment: 15th July, 2014 Court: Bombay High Court Bench: Mohit S. Shah (C.J.); M.S. Sanklecha (J) Facts Bayer corporation was incorporated under the laws of…
The very first case that happens to give a liberal and more flexible interpretation of Indian patent linkage in accordance with its compulsory license regime and application of bolar provision was the case of Bayer Corporation v. Union of India and Ors. Background: Bayer Corporation, the petitioner in the present case, a company based in USA ...
5 cze 2019 · Therefore, by virtue of Section 48 (rights of a patentee) of the Patents Act, Bayer got the exclusive right to prevent third parties, from the acts of making, using, offering for sale, selling or importing the patented product in India, without its consent.
18 gru 2020 · Bayer Corporation v. Union of India & Ors. 2014 (60) PTC 277 (Bom) BRIEF FACTS: The Petitioner had filed the present petition [1] being aggrieved by the order of the Hon’ble Intellectual Property Appellate Board (hereinafter ‘IPAB’) dated 4 th March, 2013 vide which IPAB upheld the order of the Controller of Patents dated 9 th March, 2012 ...
Facts. 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.
