Reviewed case brief
Bayer Corporation v. Natco Pharma Ltd.
ORA/35/2012/PT/MUM, IPAB Order dated 4 March 2013
Bayer Corporation appealed the Controller of Patents' grant of India's first compulsory licence (to Natco Pharma for sorafenib tosylate/Nexavar) before the Intellectual Property Appellate Board. IPAB largely upheld the compulsory licence, confirming that all three grounds under S.84 were satisfied,
- Court
- Intellectual Property Appellate Board (IPAB)
- Year
- 2013
- Subjects
- Intellectual Property Law
- Reviewed
- 2026-06-30
Rule established
IPAB upheld India's first compulsory licence; affordability and local working are valid grounds under S.84; reduced royalty from 6% to 7%
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
IPAB Order
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.