That this is the first time a compulsory licence has been granted in India is in itself important. INDIA'S long struggle to ensure access to affordable medicines for its people recently took a positive and interesting turn. In early March, just before he demitted office, Controller General of Patents P.H. Kurian passed an order on an application filed by Natco Pharma, headquartered in Hyderabad, requesting a licence to produce an anti-cancer...

PROFESSOR Shamnad Basheer joined the National University of Juridical Sciences (NUJS), Kolkata, in November 2008 as the first Ministry of Human Resource Development Chaired Professor in Intellectual Property Law. Before this, he was Frank H. Marks Visiting Associate Professor of Intellectual Property Law at the George Washington University law school and a research associate at the Oxford Intellectual Property Research Centre (OIPRC).  He is the founder of several initiatives, including...

The medicine price regulator, the National Pharmaceutical Pricing Authority (NPPA), has found a price fixing mechanism suggested by its parent ministry, chemicals and fertilisers, has failed to meaningfully lower the prices of key Cancer Medicines. A group of ministers (GoM) headed by agriculture minister Sharad Pawar is expected to meet soon to finalise a pricing policy on drugs. The NPPA study findings may compel the ministry to seek other effective ways of...

-Economic and Political Weekly The compulsory licence for Nexavar is only the beginning of a new battle over drug prices. The grant of a compulsory licence (CL) to Natco Pharma, a relatively small Indian pharmaceutical company, to manufacture and sell the cancer drug sorafenib (Nexavar) has been rightly hailed as a major step forward for public health and the wider availability of life saving medicines.   The German pharmaceutical company Bayer holds the patent...

India's decision this month to produce Germany-based multinational Bayer's anti-cancer drug Nexavar, in the first use of "compulsory licensing" in South Asia, will save lives but also raises intricate questions. Under the compulsory licensing process, a government can under World Trade Organization (WTO) rules bypass a patent owner's rights after three years and order the manufacture and sale of life-saving medicines at much cheaper cost than by obtaining the medicine from...