Natco Pharma Ltd, a generic pharmaceutical company, had filed an application under section 92A of the Patents Act for a compulsory license to allow it to manufacture Roche's patented cancer drug, erlonitib (trade name 'Tarceva') for export to Nepal. In furtherance to that the Delhi Patent Office held a hearing on March 19, 2008 to determine whether under Indian law, a patent holder has the right to a hearing when an application for a compulsory license for export is filed.

Both the patentee and the counsel for Natco Pharma Ltd presented their arguments. Patentee's argument for its right to be heard prior to exercise of any discretionary power was based on the fundamental common-law principles of 'natural justice' and it being a necessary party to the proceedings. Counsel for the Natco Pharma relied on the objectives behind Doha Declaration to justify his contention of the differential treatment of compulsory licences for export under section 92A with respect to 'right to be heard'.

Both the patentee and the counsel for Natco Pharma Ltd presented their arguments. Patentee's argument for its right to be heard prior to exercise of any discretionary power was based on the fundamental common-law principles of 'natural justice' and it being a necessary party to the proceedings. Counsel for the Natco Pharma relied on the objectives behind Doha Declaration to justify his contention of the differential treatment of compulsory licences for export under section 92A with respect to 'right to be heard'.

The hearing concluded, and the parties agreed to submit their written submissions to the Controller within seven days of the hearing.