Since long this battle of patent linkage in india is going on between Bayer and Cipla and DCGI. After filing appeal in high court by Bayer the highcourt had dismissed the appeal by Bayer Corporation, seeking the introduction of patent linkage system in India. After this decision, Bayer raised his voice in supreme court, but same decision was given by supreme court and rejected the special leave petition filed by Bayer.
Patent linkage means if a product patent of any molecule is granted in india then DCGI should refuse or delay the approval of generic version of that drug until the expiry of the said product patent. If patent linkage system will be allowed the generic player can not come in the market early and due to that people have to pay high price of branded drugs. So ultimately people will suffer from this. Therefore the supreme court has also rejected the patent linkage system in india.
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