Bayer Corporation v. Union of India
2014 SCC OnLine Bom 1250 · Bombay High Court
The compulsory licence to Natco for sorafenib (Nexavar) under section 84 was upheld: reasonable public requirement, affordable price and working in India were not met.
Unit II · Intellectual Property Law
Rights, compulsory licences and infringement
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Patents Act, 1970 | 48 | Rights of patentees |
| Patents Act, 1970 | 84 | Compulsory licences |
| Patents Act, 1970 | 104 | Jurisdiction |
| Patents Act, 1970 | 107A | Bolar and parallel-import exceptions |
Landmark cases
Bajaj Auto Ltd. v. TVS Motor Co. Ltd.
(2009) 9 SCC 797 · Supreme Court of India
In patent suits the trial court should decide infringement and validity expeditiously; interim relief is not granted as a matter of course.
Monsanto Technology LLC v. Nuziveedu Seeds Ltd.
(2019) 3 SCC 1 · Supreme Court of India
Whether a transgenic bioprocess/product claim is excluded under section 3(j) is a mixed question for trial, not summary disposal.