Bayer vows to fight for patent on anti-cancer drug in India

March 4, 2013

German pharmaceuticals giant Bayer, maker of Aspirin, vowed Monday to fight a ruling by the patent authorities in India allowing a local company to produce and sell a generic copy of its anti-cancer drug Nexavar.

India's Intellectual Property Appellate Board has rejected an appeal by Bayer against the decision by a local patent authority to grant a license to generics manufacturer Natco Pharma, allowing it to copy .

The patent authority allowed Natco to make copies of Nexavar on the grounds that Bayer's drug is too expensive for most people in India.

The license allows Natco to sell of the drug at a fraction of Bayer's price.

But Bayer said in a statement that it "strongly disagrees with the conclusions of the Intellectual Property Appellate Board."

"Bayer is committed to protecting its patents for Nexavar—and will rigorously continue to defend our within the Indian legal system," said a company spokesman in an emailed statement.

"We will pursue the case in front of high court in Mumbai with a writ petition."

The challenges faced by the Indian healthcare system had "little or nothing to do with patents on pharmaceutical products as all products on India's essential drug list are not patented," Bayer said.

One of the main barriers to access to medicines in developing countries such as India was the lack of adequate healthcare services and infrastructure ensuring that drugs would effectively bring treatment to those who need it.

"The order of the Intellectual Property Appellate Board weakens the international and endangers ," Bayer argued.

The limited period of marketing exclusivity made possible by patents ensures that the costs associated with the research and development of innovative medicines can be recovered, it said.

Bayer said it has a patient access programme in place in India for Nexavar, which "significantly reduces the cost of the monthly treatment."

Related Stories

Bayer mulls challenge to India cancer drug ruling

March 13, 2012

Bayer AG said Tuesday it was mulling ways to challenge a ground-breaking Indian ruling allowing a local firm to produce a vastly cheaper copy of a cancer drug made by the German pharmaceutical giant.

Bayer challenges India cancer drug ruling

May 6, 2012

German pharmaceutical giant Bayer AG has challenged a ground-breaking Indian ruling that allowed a local firm to produce a vastly cheaper copy of its patented drug for kidney and liver cancer.

India's patent laws under pressure: The Lancet special report

September 10, 2012

In a special report in The Lancet, researchers from Queen Mary, University of London (UK) argue that pending cases against India's patent laws threaten public health and misinterpret international intellectual property agreements.

Bayer 'disappointed' after losing India patent fight

September 26, 2012

Pharmaceutical giant Bayer AG on Wednesday said it was "disappointed" with an Indian ruling that allows a local firm to produce a cheaper copy of its patented drug Nexavar for liver and lung cancer.

Indian court to rule on generic drug industry

January 4, 2013

(AP)—From Africa's crowded AIDS clinics to the malarial jungles of Southeast Asia, the lives of millions of ill people in the developing world are hanging in the balance ahead of a legal ruling that will determine whether ...

Recommended for you

0 comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.