Natco Pharma was represented by Anand Grover, on instructions from Rajeshwari H, managing partner of Rajewshwari & Associates, when Delhi High Court recently allowed Natco to export sorafenib tosylate, a drug patented by Bayer for which Natco had obtained a compulsory licence in 2012. Bayer Corporation was represented by senior advocate Sudhir Chandra, on instructions from advocate Arun Kumar Jana and Perfexio Legal managing partner Sanjay Kumar and partner Arpita Sawhney.
Natco will export the drug to China for experimental purposes – a move that the court said does not amount to patent infringement, as it is allowed under an exemption provided in section 107A of the Patents Act, 1970.
Speaking to India Business Law Journal Rajeshwari H, who was assisted by Aparna Gaur, Tahir AJ and Gajendra, lawyers at the firm, said the ruling was significant as it “clarifies the situation for India’s generics industry”.
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