Big Pharma was dealt a heavy blow in the battle over compulsory licensing when India’s patent appeals board ruled in March that a domestic generic drug maker could continue to make and sell a low-priced copy of a cancer medication patented by Bayer AG. It was the first time that the Indian patent authority confirmed that the use of compulsory licensing in India was legal.
Bayer immediately issued a statement saying that it would appeal the ruling that affected its cancer drug, Nexavar. "We strongly disagree with the conclusions of the Intellectual Property Appellate Board," the company said. "Bayer is committed to protecting its patent for Nexavar and will rigorously continue to defend our intellectual property rights within the Indian legal system."
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