In a yet another historic legal battle Intellectual Property Appellate Broad has dismissed Bayer's request for a stay order against last year grant of compulsory license by the patent controller to Natco.
The compulsory license issued by patent controller earlier last march allowed Natco to make and sell the generic version of Multinational pharmaceutical company Bayer's patented drug Nexavar - used for treating liver and kidney cancer, after paying 6% royalty .
As Economic Times reports that, Justice Prabha Sreedevi of IPAB rejected Bayer's petition on the ground that the company did not even make a prima facie for grant of a stay against the order. She considered that a stay to the order will hamper the interests of the public as the company even admits that the drug is intended to improve the quality of life of patients in the later stages of disease.
Bayer was selling the said drug in Indian market for Rs 28,000 for a month's dose while Nacto's version offered to sell them at Rs 8,800 per month which is only 3% of Bayer's rate. Patent controller in his decision found that the medicine was available only to a small percentage of population and does not meet the requirements of the public.
India's first ever compulsory license and the latest development were viewed with great concern by generic industries in developing countries as a prospective watershed for affordable access to patentable medicines as well as developed nations like US who opposes the move.
India is currently in middle of raging patent battles in pharma industry with Novartis appeal currently in supreme court and Delhi High court's Judgement on Cipla v Rosch.
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