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”.