Three Takeaways From Bayer Snub In Indian Bolar Exemption Case
An Indian court has ruled against Bayer in a case concerning certain key aspects of the country’s Bolar provision - the experimental use or early working exception – with respect to the German multinational’s Nexavar and Xarelto. The court held that the meaning of “selling” under the provision cannot be construed to “exclude therefrom selling by way of exporting”.
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The Delhi High Court has rejected Bayer’s contention around certain key aspects of India’s Bolar provision – the experimental use or early working exception – and held that “sale” both within the country and abroad is permitted under these norms, subject to certain conditions.
Indian companies have cried foul over what they claim are "unethical" practices deployed by foreign firms in the legal arena, among others, to safeguard their "patent monopoly".
Bayer has suffered yet another setback in its long battle to defend its Nexavar patent in India. A recent decision permitted the local firm Natco to export a small quantity of sorafenib to Hisun of China.