Tag: natco

Protecting the Patent Regime for Pharmaceutical Companies in India

22nd January, 2020 - 3:47 am Categories: bLAWgathon

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for more extensive protection of intellectual property by the WTO members who signed the agreement. India signed the agreement and subsequently amended the Patents Act of 1970, in compliance with TRIPS in 2005. However, India, as a developing country, has been faced with the … Continue reading Protecting the Patent Regime for Pharmaceutical Companies in India

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Correct Interpretation of section 107A of the Indian Patents Act: Judgement in Bayer Vs. Natco & Alembic

20th May, 2019 - 4:15 am Categories: Intellectual Property Legal Issues

In a recent decision, the Divisional bench of Delhi high court has dealt with correct interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision.The ruling came as a result of two appeals made by Bayer Corp. Ltd. against the Natco Pharma and Alembic Pharmaceuticals for infringement of its patents … Continue reading Correct Interpretation of section 107A of the Indian Patents Act: Judgement in Bayer Vs. Natco & Alembic

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Research Exemption in Indian Patent Law

15th October, 2015 - 4:34 am Categories: India News & Updates patent infringement Patents pharma

The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention. In pharmaceutical … Continue reading Research Exemption in Indian Patent Law

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Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma

27th July, 2015 - 5:47 am Categories: India IP Practice in India News & Updates Patents pharma

Lee Pharma, a Hyderabad-based Indian pharma company, has filed a Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the patented drugs Saxagliptin for treating Diabetes Mellitus. The Patent on Saxagliptin was granted to Bristol Myers Squibb (BMS) in India on 30th April 2007 having number IN … Continue reading Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma

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Indian Patent office rejects Patent claim over Abraxane

19th July, 2014 - 12:31 pm Categories: India IPAB News & Updates Patents

In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the back drop of the arguments advanced by the respective parties. Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences … Continue reading Indian Patent office rejects Patent claim over Abraxane

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First Compulsory License Grant in India to Natco

31st March, 2012 - 1:58 pm Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us. The complete CL order is available at … Continue reading First Compulsory License Grant in India to Natco

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Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

27th July, 2010 - 4:47 am Categories: Patent Litigation Pharma/Biotech Patent Litigations

The struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world Generic companies has been lately played out in India and especially for the last 2-3 years in the form of litigations and oppositions. Here I would be discussing the specific case of Roche (a Swiss Pharma Company) showcasing its journey of … Continue reading Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

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