Monday, 12 March 2012

Natco granted India's first compulsory license for the Patented Drug Nexavar

Natco has been granted a compulsory license from the Indian Patent office for the patented drug Nexavar. The patent for Nexavar is owned by Bayer. I had blogged in the past on the application for compulsory license by Natco for producing a generic version of the patented drug Nexavar here.

The patent office gave the compulsory license to Natco and stated that Bayer had not met the requirements of the market because of which the life saving drug was not available to the common man at affordable prices. This is the first instance of patent office granting a compulsory license. To read more about compulsory licensing in India and the corresponding sections in the patents act, 1970, please click on the following link:

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  1. The U.S. can -- and should -- learn from India's example in this case. Too often, the patent system gives the appearance of favoring private profit over the public interest. Certainly, innovators have a right to benefit financially from their intellectual property; but in some life-and-death cases it seems to me that basic human rights should trump considerations of revenue maximization.

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