IPAB hearing on the Nexavar compulsory license, part 1, R&D costs
On January 16, the India Intellectual Property Appeals Board (IPAB) began a hearing on the merits of Bayer’s appeal of India’s first compulsory license.
The outcome of this trial, which focuses on the cancer drug Nexavar, is a matter of first impression for the IPAB, and is expected to set precedents on a wide range of issues, including the permissible grounds for granting compulsory licenses, the relationship between the India patent law and the TRIPS Agreement, and the setting of terms and conditions for the compulsory license, including the royalty rates.