IN THE HIGH COURT OF DELHI AT NEW DELHI
BAYER CORPORATION ..... Petitioner
Through: Mr. Mukul Rohatgi and Mr. Sukumar
Pattjoshi, Senior Advocates with
Mr. Sanjay Kumar, Ms. Arpita Sawhney
and Mr. Arun Kumar, Advocates.
UNION OF INDIA and ORS ..... Respondents
Through: Mr. Joginder Sukhija, Advocate for UOI.
Mr. Anand Grover, Senior Advocate
with Ms. Rajeshwari H., Mr. Nihir
Samson, Advocates for respondent No.5.
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
CM Appl. 4118/2014 (exemption) in W.P.(C) 1971/2014
Allowed, subject to just exceptions.
Accordingly, present application stands disposed of.
W.P.(C) 1971/2014 and CM Appl. 4117/2014
Present writ petition has been filed seeking a direction to the
Custom Authorities to seize and confiscate the consignments containing
?Sorafenat? manufactured by respondent No.5-Natco Pharma Limited, under
the compulsory licence granted by the Patent Office vide order dated 09th
March, 2012 against the Indian Patent Number 215758.
Mr. Mukul Rohatgi, learned senior counsel for petitioner draws this
Court?s attention to the conditions annexed with the compulsory licence
which clearly stipulate that the licence has been granted for sale of the
aforesaid drug within the territory of India. He accordingly prays that
respondents be restrained from selling ?Sorafenat? abroad.
Mr. Anand Grover, learned senior counsel, who appears on advance
notice for respondent No.5 states that respondent No.5 has been selling
the drug ?Sorafenat? only within the territory of India. He further
states that in the event the drug ?Sorafenat? is being sold by certain
purchasers or retailers abroad, then respondent No.5 cannot be faulted
Mr. Anand Grover, learned senior counsel, however, prays that
respondent No.5 be permitted to send samples of the active ingredients of
the drug ?Sorafenat? abroad for experimentation and generation of
clinical trial data and for submission to the Drug Controlling
Mr. Joginder Sukhija, learned counsel accepts notice on behalf of
Ms. Rajeshwari H., learned counsel accepts notice on behalf of
They pray for and are granted six weeks to file their counter
Rejoinder affidavit, if any, be filed before the next date of
Keeping in view the categorical conditions on which compulsory
licence under Section 84 of the Patents Act, 1970 has been granted,
respondents No.1 to 4 are directed to ensure that no consignment from
India containing ?Sorafenat? covered by compulsory licence is exported.
The respondent No.5 is given liberty to apply to this Court for
permission to export the drug ?Sorafenat? as and when it obtains
permission from the Drug Controlling Authority for clinical purposes.
Issue notice to remaining unserved respondents by all modes
including dasti, returnable for 11th August, 2014.
MARCH 26, 2014