Fobe302 w 2012 case study

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Fobe302 w 2012 case study

Manzoor Elahi Natco Pharma Limited vs. At the same time, TRIPs provides a reasonable fetter on the rights of the Patentee in Article 30 and 31 allowing member countries to enact provisions for granting compulsory license to prevent the abuse of patent right.

Further, every effort was made to prevent the grant of frivolous patents and 'ever-greening' of patents. In MarchIndia's controller of patents granted the country's first compulsory licence in the case of Natco Pharma Limited vs Bayer Corporation.

The Patentee Bayer first applied for Patent in United States and later entered into international filing on 12th January, Natco, a reputed Indian generic drug manufacturer, approached Bayer for a voluntary license, which was denied, before bringing an application before the Controller of Patents Court, for a compulsory license.

Natco developed the process to manufacture the patented drug and received a license from the Drug Controller General of India for manufacturing the drug in bulk and marketing it in the form of tablets in April Whether the reasonable Fobe302 w 2012 case study of the public with respect to the patented invention have not been satisfied?

Whether the patented invention is not available to the public at a reasonably affordable price? Whether the patented invention has not worked in the territory of India?

Fobe302 w 2012 case study

Reasonable Requirements of the Public Section 84 1 a of the Indian Patents Act required that the "reasonable requirements of the public with respect to the patented invention" must not have been satisfied, in order for a compulsory licence to be granted.

Natco supplied statistical data showing that Bayer did not make the drug readily available to the public, and that excessive pricing of the drug partially contributed to lack of demand by the public. Bayer denied this, and interestingly, used sales figures of an alleged infringer in its argument.

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Bayer had prior to this case, brought infringement proceedings against Cipla, another generic manufacturer, for infringement of the same patent. These proceedings were still pending. However, Bayer argued that sales by Cipla contributed to the reasonable requirements of the public being met.

The Controller however, did not accept this argument, stating that Bayer's conduct and that of any licensee was of importance. He found basis for this reasoning in Section 86 6 i of the Act, which stated that the measures taken by the patentee and licensee must be taken into account.

On the facts, the Controller found that Bayer did not discharge its obligation in satisfying the reasonable requirements of the public as an insignificant quantum of the drug had been made available to the public in the three years since grant of the patent.

Thus, the Controller held that Section 84 7 a ii had been invoked by the Patentee. Accordingly, the Controller held that the reasonable requirement of the public with respect to the patented invention has not been satisfied by the Patentee.

Page 2 Natco Pharma Limited vs. Reasonably Affordable Price Section 84 1 b of the Indian Patents Act requires that in order for a compulsory licence to be granted, the patented invention must not have been made available to the public at a "reasonably affordable price".

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Natco contended that the drug was excessively priced and unaffordable to the ordinary public. It also contended that Bayer was eligible for a drug tax credit which would have lowered the net cost of investment on research to Bayer, however, Bayer did not take this opportunity to lower the price of the drug, which proved abuse of its monopolistic rights.

Bayer argued that a "reasonably affordable price" should be reasonable to both the public and the patentee. The Controller did not agree with this proposition, stating that the reasonable price had to be construed with reference to the public.GAZELLE IN HARVARD BUSINESS CASE STUDY SOLUTION.

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