First Compulsory License Grant in India to Natco

The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us here. The complete CL order is available at the Indian Patent Office website here. The grant permits Nacto to manufacture and market a generic version of Nexavar for Rs. 8800 for 120 tablets per month treatment (against Rs 284,428 per month by Bayer) in return for paying 6% royalty on sales to... Read More

MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.

Recently, the Honourable High Court of Delhi has restrained Modi Group’s MORGARDSHAMMAR India, a rolling mill equipment manufacturer, from using the MORGARDSHAMMAR trademark. The Court has granted Plaintiff MORGARDSHAMMAR AB a decree of permanent injunction against use of its trademarks or trade name by the defendants MORGARDSHAMMAR India. Justice A.K. Pathak issued a restraining order restraining India’s joint venture firm with Sweden’s MORGARDSHAMMAR AB from using the trademark on the ground that its Swedish partner’s share in the Indian firm has plunged below 40 percent to 8 percent, thereby impeding the Indian firm of the right to exploit the trademark as per... Read More