The Economic Times has reported that the Intellectual Property Appellate Board (IPAB) has dismissed Bayer’s prayer for stay on the Compulsory Licensing Order Issued this March by the Controller General of Patents to NATCO on Bayer’s patented drug Nexavar.
According to The Hindu, the following were the IPAB’s observations:
“If [a] stay is granted, it will jeopardise the interests of the public who are in need of the drug. The appellant has not made out any case…”
“The appellant cannot ride piggy-back on, or take shelter under, the sale by Cipla. It is the duty of patentee that its own supply be made available at [a] reasonable price to the requirement of the public.”
Further, the Board seems to have dismissed Bayer’s allegations that NATCO was exporting Nexavar to Pakistan and China. I will post more on this once I get to see the copy of the order. The hearing in Bayer’s appeal was concluded on September 6, 2012. To the best of my knowledge, the decision on the merits of the appeal has not been pronounced yet.
I thank a friend and well-wisher of the blog for bringing this development to my attention.