Bayer Challenges Generic License for Cancer Drug

The drugmaker has filed an objection to a patent allowing a competitor to sell a generic version of its Nexavar cancer treatment.

Drugmaker Bayer has filed an appeal against an Indian Patents Office's order, which allowed domestic drugmaker Natco Pharma to sell a generic version of the German firm's cancer drug 'Nexavar' in India, with the Intellectual Property Appellate Board. In March this year, the government had invoked a law permitting Hyderabad-based Natco Pharma to manufacture and sell cancer-treatment drug Nexavar at a price over 30 times lower than charged by its patent-holder Bayer Corporation. "We strongly disagree with the conclusions of the Patent Controller of India and have appealed his order on May 4, 2012, with the Intellectual Property Appellate Board," a Bayer spokesperson said in a statement. "We will rigorously continue to defend our intellectual property rights which are a prerequisite for bringing innovative medicines to patients," the spokesperson added. An order, which would be of great relief to the kidney and liver cancer patients, was issued by India Patents Office as a 'Compulsory Licence' under Section 84 of the Indian Patent Act, which is in compliance with the TRIPS agreement of the World Trade Organisation.



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