Patent License Agreement

A patent license agreement is an arranged understanding between a patent holder and a licensee. When the parties have arranged the particulars of an understanding, the parties enter into an agreement where the patent holder (licensor) consents to permit the licensee to utilize, make, sell, or import the protected development to the US in return for a […]

Export Of Patented Product For Research Or Experimental Purposes– A Part Of Bolar Exemption

The High Court of Delhi had finally adjudged, the case of Bayer Corporation v. Union of India & Ors and Bayer Intellectual Property gmbh & Anr, v. Alembic Pharmaceutical Limited by the order dated 22.04.2019, on the scope of section107(A) of Indian Patent Act 1970 by reading the meaning of word ‘export’ into it, though […]

Natco Files India’s First Compulsory Licensing Application

Natco Pharma has filed India’s first Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the Bayer’s patented drug Sorafenib, marketed by Bayer as Nexavar for treating Kidney and Liver Cancer. Patent on Sorafenib is granted in India on 03.03.2008 having number IN 215758. This will be […]

Bayer Vs Cipla

BAYER Vs CIPLA & UNION OF INDIA Does a combined reading of the Drug Control Act and the Patents Act lead to an inference that no marketing approvals can be granted to a third party for a drug/formulation for which a patent exists? This was a primary question before the Delhi High Court in a […]