Mint has reported that Natco requested Controller of Patents to withdraw its applications for compulsory licenses for export of generic anti-cancer drugs Sunitinib and Erlotinib, both patented in India. Earlier, Natco filed application for compulsory licenses of Erlotinib and Sunitinib to be exported to Nepal under section 92A of the Indian patent law. Though Natco’s move was unprecedented and shocked many but legal equations were never favorable for Natco because there was no official notification made by Nepal Government to allow importation of anti-cancer drugs from India (a litmus test for Indian Patent Office to evaluate compulsory license for export). Whatever may be the reasons for Natco to withdraw its application for compulsory license but what can be concluded from the whole episode that it was a bad patent-legal strategy yet was a good business strategy to keep Natco's script rolling on Bombay Stock Exchange?
This is a solid answer to the baggers like Natco & Cipla.
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