India: at the threshold of change

01-10-2012

Purnima Singh

It has been an active year for intellectual property in India: from the grant of the first compulsory patent licence, to the coming into force of new copyright law and developments in the infamous fight over the FT brand.

It has been an active year for intellectual property in India. Important events have been the grant of the first compulsory patent licence, the coming into force of the new copyright law and developments in the infamous fight over the FT brand in India.

In March, Natco Pharma, the Hyderabad-based drug company, was granted India’s first compulsory licence on the grounds that the patented drug Nexavar (a kidney/liver cancer drug) was too expensive for Indian patients, and merely importing the drug to India did not amount to Bayer working the patent in the country. (In order to satisfy the requirement for working the patent in India, Bayer would have needed to either manufacturer the drug in India or grant a voluntary licence to another to do so.)

The grant entitles Natco to manufacture and sell the generic version. Bayer is to be paid a 6 percent royalty on net sales. This licence makes the drug available at Rs8,800 ($160) for a monthly dose of 120 tablets—it was previously Rs280,000 ($5,000).


Copyright Amendment Act, Natco, pharmaceuticals, Financial Times, compulsory license, sound recordings

WIPR