HC to Bayer Corporation regarding Bolar Provision: Use of ‘patented’ drugs is okay for experimental and research purposes within the country and abroad
Recently, Bayer Corporation and Bayer Intellectual Property GMBH & Anr (Bayer) filed two appeals against Natco and Alembic Chemicals Ltd (Alembic). Both suits dealt with the Bolar provision that concerns the correct interpretation of Section 107A of the Patents Act, 1970 (“the Act”). 1st Suit: Bayer filed for injunction against Natco from making, importing, selling or …