Bayer, a global pharmaceutical company based in Germany, holds patents in a number of countries on sorafenib

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Bayer, a global pharmaceutical company based in Germany, holds patents in a number of countries on sorafenib (Nexavar), a drug used to treat certain types of cancer. One of these is an Indian patent (Indian Patent No. 215758), which provides Bayer with certain rights to exclude others from making and using sorafenib within the territory of India. In 2012 India granted a compulsory license to Natco, an Indian generic drug manufacturer, authorizing it to manufacture and sell sorafenib within India, notwithstanding Bayer’s Indian patent. Given that India is a member of the WTO, and must therefore comply with TRIPS, is India entitled to grant compulsory licenses?

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The Legal And Ethical Environment Of Business

ISBN: 9781454893028

2nd Edition

Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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