The Intellectual Property Appellate Board (IPAB) in Chennai has adjourned the hearing on the German drug major Bayer's appeal against the grant of compulsory license on its anti-cancer drug Nexavar to September 3.

The hearing was to start today at the IPAB, Chennai.  But, the hearing has now been postponed to September 3, it is learnt.  

After the Indian Patent Controller issued the first-ever compulsory licence (CL) in March this year to an Indian generic drug manufacturer to manufacture the Bayer's patented anti-cancer drug sorafenib tosylate (Nexavar), the German drug major filed an appeal against the compulsory license order before the IPAB in Chennai and has in particular sought to have the operation of the CL order stayed till the appeal hearings are completed and IPAB passes its decision.

The hearing on this high voltage case is crucial as it will test Section 84 of the Indian Patent Act, under which the compulsory licence mechanism kicks in when generic competitors request for a compulsory licence to make the generic version of a patented drug to make them available to the common people of the country at affordable prices.

Earlier, on March 9 this year, Indian Patent Controller P H Kurian issued the first-ever CL to Hyderabad-absed Natco Pharma to manufacture an affordable generic version of sorafenib tosylate, the anti-cancer drug for which Bayer had obtained a patent IN215758 in India in 2008. The patent expires in 2020.