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Court rejects Bayer's appeal

New Delhi - India's Supreme Court has rejected German drugmaker Bayer's plea to block production of a cheaper generic version of a patented cancer drug, in a ruling that ensures the medicine will be affordable for local patients.

The Bombay High Court in July refused to revoke a compulsory licence issued to Indian generics group Natco Pharma to sell a version of Bayer's Nexavar for about $175 for a month's supply, compared to the $5 500 charged by the German drug-firm.

Bayer challenged the ruling but a Supreme Court bench rejected the appeal.

India's Patent Office had in 2012 allowed Natco to make and sell Nexavar.

Analysing the order

The authority invoked an Indian law, recognised under the World Trade Organisation provisions, which empowers the government to ensure that medicines are available to patients at affordable rates.

Nexavar is used to treat renal and liver cancer. India has around 29 000 cases of liver and kidney cancer each year.

Bayer said it was "disappointed with the decision" and was analysing the order to determine the future course of action, according to the Times of India.

The case was keenly watched by several other foreign pharmaceutical companies owing to the implications of the ruling on their patented drugs in India.


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