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Business

Indian Court Upholds Compulsory License

by Jean-François Tremblay
March 11, 2013 | APPEARED IN VOLUME 91, ISSUE 10

India’s Intellectual Property Appellate Board has upheld a ruling that allowed the compulsory licensing of the Bayer cancer drug Nexavar by India’s Natco Pharma. Last year’s ruling, the first compulsory licensing of a drug in India, allowed Natco to sell a generic version of Nexavar. That ruling also required Natco to pay Bayer a 6% sales royalty. Natco sells the generic in India for $170 per patient per month, versus Bayer’s official pricing of $5,300 per month. The nongovernmental organization Doctors Without Borders says the decision paves the way for compulsory licensing of other expensive drugs now protected by patents.

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