Indian compulsory licence appeal begins in Bombay

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

Indian compulsory licence appeal begins in Bombay

Oral arguments in the appeal over India’s compulsory licence grant for Bayer’s Nexavar are set to begin today in the Bombay High Court

The patent controller issued India’s first compulsory licence for the cancer treatment in March 2012.

Generic manufacturer Natco applied for the licence under section 84 of the Patents Act, arguing that: (a) the reasonable requirements of the public with respect to the patented invention have not been satisfied, or (b) that the patented invention is not available to the public at a reasonably affordable price, or (c) that the patented invention is not worked in India.

The patent controller sided with Natco on all three grounds, granting the licence with a royalty rate of 6% of net sales.

The Intellectual Property Appellate Board upheld the licence in March, setting up the appeal to the Bombay High Court. Speaking to Managing IP a few days after the decision, then IPAB chairperson Prabha Sridevan argued that compulsory licences are not an attack on IP rights.

“IP laws say, ‘these are the owner’s rights, and of course this means ownership and control’,” she stated. However, Sridevan pointed out that all rights are limited by law, and compulsory licenses are simply a part of that law.

The Nexavar decision has raised concerns among international drug companies that it would be the first of many compulsory licences, a fear that has been partially realised. In January, the Department of Pharmaceuticals started the process to procure compulsory licences for three more cancer drugs under section 92 of the Patents Act, which allows the government to request a compulsory licence during national emergencies. However, the Department of Industrial Policy and Promotion has denied the compulsory licence application for Roche’s Trastuzumab. Meanwhile, the decisions concerning Bristol Myers-Squibb‘s Ixabepilone and Dasatinib are still pending.

more from across site and SHARED ros bottom lb

More from across our site

Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
The departure of a large chunk of Spruson & Ferguson's legacy leadership could have destabilised the firm, but it's fighting back with strategic hires and promotions
Gift this article