Sun’s Indian Nilotinib Plans Blocked By Novartis
Firms Battle Over Tasigna Intellectual Property
Novartis thwarts Sun’s efforts to commercialize nilotinib in India, though the Indian firm indicates that its actions are covered under a local Bolar-type provision and that it has no plans to market the oncology drug while the originator's patent stands valid.
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The Delhi High Court has rejected Bayer’s contention around certain key aspects of India’s Bolar provision – the experimental use or early working exception – and held that “sale” both within the country and abroad is permitted under these norms, subject to certain conditions.
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