Bitter pill for big pharma as India issues its first compulsory licence since the overhaul of its patent regime in 2005
In September 2007, Natco Pharma, one of India’s smaller generic drugs manufacturers, filed applications at the Delhi patent office for compulsory licences for two anti-cancer drugs, Suninat and Tarceva, patented in India by Pfizer and Roche respectively.
Natco, an oncology-focused company, intended to use the compulsory licences – applied for under section 92A of the Patents Act, 1970 – to manufacture and export the drugs to Nepal.
Section 92A provides for a compulsory licence for the export of patented pharmaceutical products in certain exceptional circumstances.
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NS Gopalakrishnan is the Ministry of Human Resource Development chair professor of IPR at the Inter University Centre for Intellectual Property Rights Studies at Cochin University of Science and Technology.
