Bombay High Court upholds Nexavar compulsory licence

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Bombay High Court upholds Nexavar compulsory licence

The Bombay High Court has rejected Bayer’s challenge to the compulsory licence granted for its Nexavar cancer treatment drug

According to Livemint, Justice MS Sanklecha stated that the court saw no reason to overturn the Intellectual Property Appellate Board’s (IPAB) ruling from last February upholding the licence.

Bayer has stated that it will appeal the decision to the Supreme Court.

The Bombay High Court decision is the latest development involving India’s first compulsory licence, which was granted in March 2012. Then controller of patents PH Kurian granted the application from generic manufacturer Natco under section 84 of the Patents Act. This says that a compulsory licence may be granted if (a) the reasonable requirements of the public with respect to the drug have not been satisfied, (b) the patented invention is not available to the public at a reasonably affordable price, or (c) the patented invention is not worked in India.

The patent controller found that Natco established all three grounds and he granted a compulsory licence with a royalty rate of 6% of net sales.

Bayer appealed the patent controller’s decision to the IPAB. Last February, the Board upheld the compulsory licence grant, though it noted that the patent controller erred in finding that a drug not manufactured in India automatically meant it was not being worked in India. The IPAB also raised the royalty rate to 7%.

To this date, Nexavar is the only drug that has been subjected to a compulsory licence in India, though several other applications have been rejected.



more from across site and SHARED ros bottom lb

More from across our site

The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Another firm sets up shop in Dallas, bringing its patent disputes capabilities to one of the US’s busiest litigation venues
Entrepreneurial IP lawyers are still launching specialist firms, but increasingly with larger teams, broader coverage and greater infrastructure than the boutique model once implied
Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Gift this article