Ruling on an application by Natco Pharma, an Indian generic drugs manufacturer, the controller of patents, Mumbai, published an order on 12 March granting India’s first compulsory licence (CL) under the new patent regime.
The order followed three days of hearings where both Natco Pharma and the patent holder, Bayer, a German pharmaceutical company, presented their cases before the controller general of patents designs and trademarks, PH Kurian.
In making the order, Kurian held that Bayer’s “conduct of not making the drug available as per the requirement of the public in India … is not at all justifiable” and that “the patented invention was not available to the public at a reasonably affordable price”. The order also stated that “working a patent in India means manufactured to a reasonable extent in India”.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
