Indian Court Rebuffs Bayer In Bolar Exemption Case
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.
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Bayer presses on with legal action to fend off alleged infringers of its patent on Xarelto in India. A hearing is expected shortly in one such case, which seemingly includes a settlement option. The German multinational also remains engaged in a keenly contested and controversial case around India’s Bolar exemption provision - the experimental use or early working exception.
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”.
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.