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Three Takeaways From Bayer Snub In Indian Bolar Exemption Case

 
• By Anju Ghangurde

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”.

German multinational Bayer Corp. suffered a setback in India, after the Delhi High Court failed to find merit in its contention on key aspects pertaining to Section 107A of India’s Patents Act - the Bolar Provision – in a case against the Indian firms Natco Pharma Ltd. and Alembic Pharmaceuticals Ltd.

Natco and Alembic have been permitted to export the active ingredients in Nexavar (sorafenib tosylate) and Xarelto (rivaroxaban)

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