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.
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.
ReplyDeleteI 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.
ReplyDeleteBests,
Sai.