Bolar Provision: A meticulous exception to patent monopoly
In a recent judgement, the Division Bench of the Delhi High Court (Court), decided on the two appeals filed by Bayer Corporation (Bayer) - one from the decision of the Learned Single Judge in a writ petition, filed by Bayer against the Natco Pharma Limited (Natco) (Bayer Corporation v Union of India & Ors, LPA No 359/2017)and the second, in a suit filed by Bayer against Alembic Chemicals Ltd (Alembic) (Bayer Intellectual Property GMBH & Anr v Alembic Pharmaceuticals Ltd, RFA(OS)(Comm) 6/2017)), both appeals involved identical issues pertaining to the interpretation of Secti