Impact of Natco v Bayer: A Giant Step Towards Reasonably Priced Healthcare

(Also read the article 'Game Changer In The Generic Industry' by Jasmine  Kaur)

Introduction

In March 2012, the Indian Controller of Patents granted India’s first compulsory license under Section 84 of the Patents Act, 1970 to M/s Natco Pharma Ltd[1]. The order was in relation to Bayer Corporation’s patented anti cancer drug Sorafenib tosylate [2], marketed as Nexavar, which was made for the treatment of Renal Cell Carcinoma-RCC (kidney cancer) and also for the treatment of Hepatocellular Carcinoma-HCC (liver cancer)[3].

Compulsory licensing is 

Game Changer In The Generic Industry

This article is written by Jasmine  Kaur

INTRODUCTION

The NATCO CASE: This case is the landmark judgment on the topic of compulsory licensing in the Indian history. Case was filed by the NATCO Pharma Limited against the Bayer Corporation invoking the section 84 of the Indian Patent Act, 1970 which deals with the subject of compulsory licensing. This order was in relation to the patented anti cancer drug Nexavar which was made for the treatment of Renal Cell Carcinoma-RCC (kidney cancer) and also for the treatment of Hepatocellular Carcinoma-HCC (liver cancer).

The patentee is granted an exclusive right under the patent laws for a limited period. This type of exclusive right prevents