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

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."

add to favorites email to friend print save as pdf

Related Stories

Bayer 'disappointed' after losing India patent fight

Sep 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.

Bayer challenges India cancer drug ruling

May 06, 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.

Bayer mulls challenge to India cancer drug ruling

Mar 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.

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

Sep 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 agreem ...

Recommended for you

Express Scripts turns to AbbVie in huge hepatitis C deal

Dec 22, 2014

The nation's largest pharmacy benefits manager is throwing its weight into the fight over high-cost hepatitis C drugs with a coverage restriction that might ultimately lower prices and improve patient access ...

FDA OKs Cubist antibiotic for serious infections

Dec 20, 2014

The Food and Drug Administration has approved a new medicine to fight complex infections in the abdomen and urinary tract, the fourth antibiotic the agency has approved since May.

User 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.