The recent decision in NATCO Pharma Ltd. v. Bayer Corporation by the Controller of Patents, Mumbai has laid down the foundations of the Indian jurisprudence of compulsory licensing in patents with respect to pharmaceutical products. It has principally clarified the legislative intent behind various key provisions governing compulsory licensing under the Indian Patents Act, 1970 and contains interesting interpretations of the TRIPs Agreement. The objective of this presentation is to describe this decision and to discuss its compliance with the Indian compulsory licensing regime and the TRIPs agreement.

A presentation given at a 5 days intensive training for practitioners/professionals in Pharma Law & Policy (CSU), 13 – 17 August 2012, 9, at the University of Copenhagen, Frederiksberg Campus.