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Patent dispute: Delhi High Court gives a boost to access to affordable medicines

Leena Menghaney

DOI: 10.20529/IJME.2010.033


Abstract

The Delhi High Court has rejected the petition filed by Bayer Corporation seeking to stop the Drugs Controller of India (DCGI) from registering a generic version of a patented cancer drug. The case was filed in 2008 by Bayer to try and introduce “patent linkage”, which involves linking the registration (marketing approval) of drugs with their patent status. If Bayer’s plea for “patent linkage” had been accepted by the court, it would have undermined public health safeguards contained in India’s patent legislation. This comment discusses the Bayer case in the context of efforts by multinational pharmaceutical companies to introduce barriers to generic competition, the only proven means of reducing the prices of medicines to make them affordable to those in need. Bayer has filed an appeal in the Supreme Court, indicating that it does not intend to give up.

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