Tuesday, May 8, 2012

Snippet: Bayer Challenges Controller’s CL Order

In an expected move, Bayer has filed an appeal before the Intellectual Property Appellate Board (IPAB) challenging the decision of the Controller of Patents granting compulsory license to NATCO in respect of its anti-cancer drug “Nexavar”.

Reportedly, the spokesperson of Bayer has expressed the following sentiments on the CL order:
"We strongly disagree with the conclusions of the Patent Controller of India and have appealed his order on May 4, 2012 with the Intellectual Property Appellate Board," 

He added:
"We will rigorously continue to defend our intellectual property rights which are a prerequisite for bringing innovative medicines to patients,"

According to the company:
“the order of the Patent Controller of India damages the international patent system and endangers pharmaceutical research,"

We eagerly await more details on this issue, which we shall share with our readers as and when we are informed of them.


  1. The move is expected and the outcome is also expected Saideepak. I would be highly surprised if the IPAB takes a different stance in the case.

  2. I agree with you Deepa, the only weakness in the decision is the absence of a statistical analysis on the issue of affordability. But I dont think that is enough to rever the decision of the Controller since the facts appear to be adverse to the patentee.