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CIPLA seeks for Compulsory License

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Recently CIPLA filed an application before Indian Patent Office seeking for the grant of Compulsory License against Merck’s Anti- HIV Drug, Isentress. CIPLA filed this application of Compulsory License on the ground that “Isentress is not available in the market at reasonable and affordable price”.

It is known that the Act under Sec 84 provided certain grounds for granting Compulsory License, which principally includes the ground “Not available to public at Reasonable Price”.

The term “Reasonably affordable price” must be construed according to the present circumstances prevailing in India”. The price fixed by the Merck & Co. is $7 (USD), which is not “reasonable” to the public in India.

Hence the term “Reasonably affordable price” must be given utmost importance while disposing this application. Till now the patent offices in India have never laid down any boundaries to the pricing of drugs, hope they will at least do it now.

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