The Intellectual Property Appellate Board (IPAB) in Chennai has reportedly postponed hearing Bayer’s appeal of the compulsory licence (CL) granted to Natco Pharma for Nexavar (sorafenib tosylate) until September 3.
Hyderabad-based pharma company Natco Pharma was granted the country’s first CL by the Indian Patent Office in March this year for its generic version of Bayer’s patented kidney and liver cancer drug but the MNC is appealing the CL and has asked for a stay on the CL.
It might see some action on another high profile legal battle: Novartis India’s legal challenge to the country’s patent law, more specifically, Section 3(d). The final arguments in this case, due to start on July 10, was re-scheduled for August 22. The case stems from Novartis India’s attempt to obtain an Indian patent on Gleevec/ Glivec (imatinib mesylate), its drug for chronic myeloid leukaemia and other cancers, which was denied by India’s Patent Office in 2006.
Both cases are landmark cases and are being closely observed by global experts as they could set the precedent for future cases. Legal experts indicated that given the impact of such cases, the IPAB would want more time to examine the legal merits of the case before hearing arguments and hence today’s adjournment of the Bayer/ Natco matter should be seen in this light.
EP News Bureau