India grants its first Compulsory License – What you need to know

Controller General of Patents has on March 9, 2012 granted Natco Pharma Ltd. (NTCPH) a so-called compulsory license to manufacture Bayer AG (BAYN)’s Nexavar, which goes by the generic name Sorafenib.
This is the first Compulsory License granted by India and there are several such applications that are pending. This development will also open the doors for other such more applications seeking Compulsory Licenses.
This development puts additional onus on clients having un-commercialized OR under-commercialized IP in India to take steps OR risk losing enforceability. Continue reading