Bombay High Court upholds Nexavar compulsory licence

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Bombay High Court upholds Nexavar compulsory licence

The Bombay High Court has rejected Bayer’s challenge to the compulsory licence granted for its Nexavar cancer treatment drug

According to Livemint, Justice MS Sanklecha stated that the court saw no reason to overturn the Intellectual Property Appellate Board’s (IPAB) ruling from last February upholding the licence.

Bayer has stated that it will appeal the decision to the Supreme Court.

The Bombay High Court decision is the latest development involving India’s first compulsory licence, which was granted in March 2012. Then controller of patents PH Kurian granted the application from generic manufacturer Natco under section 84 of the Patents Act. This says that a compulsory licence may be granted if (a) the reasonable requirements of the public with respect to the drug have not been satisfied, (b) the patented invention is not available to the public at a reasonably affordable price, or (c) the patented invention is not worked in India.

The patent controller found that Natco established all three grounds and he granted a compulsory licence with a royalty rate of 6% of net sales.

Bayer appealed the patent controller’s decision to the IPAB. Last February, the Board upheld the compulsory licence grant, though it noted that the patent controller erred in finding that a drug not manufactured in India automatically meant it was not being worked in India. The IPAB also raised the royalty rate to 7%.

To this date, Nexavar is the only drug that has been subjected to a compulsory licence in India, though several other applications have been rejected.



more from across site and SHARED ros bottom lb

More from across our site

The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
Gift this article