Bayer bid to halt generic version of cancer drug blocked

An Indian court has rejected German drug giant Bayer's bid to block a generic version of its blockbuster cancer treatment Nexavar by a local drugmaker, a move hailed by activists.

The judges rejected an appeal by Bayer on Friday contesting a March 2012 decision by India's patent controller, who had argued that the price charged by Bayer for the liver and kidney drug - US$5,500-per-person, per month - in India was far too costly for most Indians. Medicins San Frontieres (MSF) on Saturday hailed the ruling and called it a boost for public health.

The court's decision "demonstrates the independence of the Indian judiciary" in upholding the nation's right to legislate "with public health interests in mind", said Leena Menghaney, who is South Asia regional head of the medical charity's access campaign.

India'a Lawyers' Collective, another rights group, said the "momentous" judgment held wide-ranging implications for access to other medicines. The court judgment highlighted India's "critical role" in "balancing intellectual property and public health", she said

Menghaney added that it was clear to the court Bayer had recouped its drug research and development costs in just one year.

The Indian government gave local pharmaceutical house Natco Pharma a licence to produce a copy of life-extending Nexavar at a 97 per cent discount to the original price of the Bayer medicine in India.