Appeal of dismissal of drug company’s petition seeking to prevent Drug Controller General of India (DCGI) from granting another drug company marketing approval of a generic version of its patented drug. Protection of private patent rights at cost of depriving access to and affordability of life-saving treatments, contrary to public health care interests.
Bayer appealed the decision to the Indian Supreme Court in March 2010. In Dec 2010, the Supreme Court dismissed the appeal. The Court noted that the DCGI had already granted marketing approval to Cipla and that Bayer’s infringement suit was pending before the Delhi High Court where the injunction sought by Bayer would be decided.
This was the first case in India where the issue of patent linkage was extensively discussed. The judgment clarified the debate by categorically holding that patent linkages cannot be read into existing Indian law. The case also involved an issue of the larger public interest because the patent linkage system sought by Bayer would have delayed the entry of generic versions of medicines in the market and therefore adversely affected access to medicines.