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.
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