The limited lessons of Natco’s compulsory licence
India’s first compulsory licence may spur a wave of such applications from generics. But the case was very reliant on its facts, explain R Parthasarathy and Adarsh Ramanujan
The Office of the Controller-General of the Indian Patent Office has pronounced its order in the much awaited Natco v Bayer
compulsory licence litigation. A non-exclusive and non-assignable
licence to Bayer's Indian Patent 215758 has been issued to Natco. In one
of the quickest decisions from the Indian Patent Office, the entire
proceeding, which included written and oral submissions from both
parties as well as two separate extraordinary petitions before two
different High Courts in India, has lasted less than a year....
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