India Healthcare: Compulsory Licencing provided by WTO?

At least half a dozen medications including an AIDS regime in Israel and Brazil, and Erlotinib and Docetaxel i nthailand nearer home have been allowed to be produced by low cost competitors under compulsory Licence as outlined in a great DNA lead today. Cipla’s challenged patent “at risk generic” for Bayer’s Nexavar that sells at 10% of the EUR 4200 per month charged by patent holder Bayer ( 2008 patent) has been in the market for 2 years but is not getting the patent crossed. Meanwhile the Indian patent is being reconsidered by the Mumbai Patent Office, an dit could also easily allow NATCO to sell the same medicine in its generic form at $160 per month, Natco having applied for Compulsory License as allowed by the WTO for unaffordable or not widlely available drugs under the Trips denominated flexibility allowing Bayer royalties on the sale. 

It seems like the method needs a push, maybe it will end up in the PMO’s office in a few months? Also, the Price control specification being decided may take the minimumrate among three competitorsaa s long as they sell more than 1% of market shaare, resolving the problem for the Pharma market in its own convoluted manner but really convulsing the case for MNC pharma that cannot grow the volume on its current price tabs for medicines in India. The small enough traction in this huge -to-be Pharma market makes me sound like one big naysayer but I remain a helluva optimist for thinking this bi monthly barrage in the national media means it is actually near any promised resolution! 


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