The Indian Patents Office grants its first compulsory licence in the pharmaceutical industry (Natco / Bayer)

The Curious Case of Compulsory Licensing in India* In a move that has alarmed the pharmaceutical industry, in March 2012 the Indian Patents Office granted its first compulsory licence, for the manufacture and sale of Bayer’s patented drug Nexavar, in Natco Pharma Limited v Bayer Corporation (Natco v Bayer). [1] This article analyses the compulsory licence issued in Natco v Bayer and discusses the possibility of a similar compulsory licence being issued under the provisions of India’s competition legislation, the Competition Act, 2002 (Competition Act). In doing so, we debate the scope of a potential refusal-to-license abuse under the Competition Act and outline a possible approach for the Competition Commission of India (CCI) to adopt if it should decide to issue compulsory licences.

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Naval Satarawala Chopra, Dinoo Muthappa, The Indian Patents Office grants its first compulsory licence in the pharmaceutical industry (Natco / Bayer), March 2012, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 53547

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