Bayer plea for stay on compulsory license dismissed

Bangalore: The Intellectual Property Appellate Board in Chennai, India, has rejected pharma major Bayer's petition seeking a stay on compulsory license to Hyderabad-based Natco Pharma for sorafenib (Bayer's Nexavar). The generic drug maker was granted compulsory licensing by the Controller of Patents in India earlier this year for the drug which is used to treat liver and kidney cancer.

Bayer received a patent for Nexavar in India in 2008. In an appeal against the compulsory license, Bayer pointed out that Cipla had slashed the drug's price in India, rendering the compulsory licence unnecessary.

The board dismissed the petition for stay on the grounds that it would jeopardize the interests of the public who need the drug. The board also dismissed the charge against Natco Pharma by Bayer that the former was exporting the drug to Pakistan and China as well.