In a landmark ruling, the patent office within the official government of India has granted a generic drugmaker a license to make a copycat version of a patented medicine, against the wishes of the patent owner. ?The license was awarded to Natco, to manufacture a cheaper generic version of a Bayer kidney and liver cancer medication called Nexavar.
The decision could open the door for other Indian generic drugmakers to legally override patents for any type of medicine deemed as too expensive for patients in India.? The decision is expected to lower the price from $5,500 per month for a patient in India to just $175.? The ruling also calls for Natco to pay 6 percent royalties to Bayer.
This practice is perfectly legal and sanctioned by the World Trade Organization.? According to the WTO, compulsory licensing is when a government allows someone else to produce a patent-protected product without the consent of the patent owner.
Bayer is reportedly expected to appeal the decision to the Indian Supreme Court.
USA Today
Pharmalot
Source: http://www.beaker.com/blog/index.php/2012/03/14/now-legal-to-copycat-patented-drugs-in-india/
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