SMART MOVE WITH IMMEDIATE EFFECT BY DAXESH PATEL


Story starts when Hyderabad based Natco Pharma applied for compulsory licence for the drug NEXAVAR (sorafenib tosylate) of Bayer which is Germany based company.Natco filed for compulsory licence under section 84 of Indian patent act, 1970.
The order was issued by India Patents Office as a 'Compulsory Licence' under the Indian Patent Act, which is in compliance with the TRIPS agreement of the World Trade Organization with two justifications.
- First that after granting of patent in 2008 company only imported small amount of drug to market in India.
- second price of essential medicine should be affordable.

Now natco will sell it at price of Rs.8,880 for 120 tablet which will be good for cancer patient and Nexavar is basically is an oral multiple kinase inhibitor for the treatment of patients with unresectable hepatocellular carcinoma (HCC).
Taking that move in consideration Roche Pharmaceutical made agreement with Emcure pharmaceutical for its two drugs to produce its biologic drugs Herceptinand MabThera for India and other developing markets.For Roche it is good to have large chunk of profit coming from sales of these biologics which will come from Emcure Pharma rather than 7-9% royalty (as said to be given to Bayer Pharma in above case).
"This deal with Emcure is a smart move by Roche, with this it can deter the entry of other generic companies, and also offer affordable drugs for a country like India," said Anjan Sen, director, life sciences and healthcare, Deloitte India.
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