• .. Natco Pharma Limited Regd. Off. : 'NATCO HOUSE', Road No. 2, Banjara Hills, Hyderabad - 500034. Tclang.ana, INDIA. 'Jel: +9140 23547532, Fax: +9'1 40 23548243 CIN: L24230TG1981PLC003201, www.natcopharma.co.in -2-- Please find enclosed the copy of the swift details sent as per the sender's reference no.004MISC01518965G from our Banker INDUSIND BANK LIMITED to the BANK OF NEW YORK, MELLON, PITSBURGH/ PA, USA. Please also find enclosed a Chartered Accountant Certificate about the sales made for the period for the product. Kindly acknowledge the receipt oft he same. Thanking you, Yours faithfully, For NATCO Pharma Limited M.AOJNARA YANA COMPANY SECRETARY & VICE PRESIDENT (LEGAL & CORP. AFFAIRS) Encl: a. a. C. C. to: (I} The Controller General of Patents, Designs and Trademarks - For favor of information BhoudhikSampada Bhavan and records. Near Antop Hill Head Post Office, S.M.Road, Antop Hill, Mumbai- 400 037. {ii) The Deputy Registrar - For favor of information and records. lntellectuaJ Property Appellate Board Annex-1, Guna Complex, II Floor 443, Anna Salai 1 Teynarnpet CHENNAI- 600 018. {Iii} Bayer Corporation - For favor of information and records. 100, Bayer Road, Pittsburgh, PA 15205-9741, USA. (iV} Rajeshwarl & Associates - For favor of information and records. S-208, Lower Ground Floor Near lNG Vysya Bank, Panchsheel Park NEW DELHI -110 017.
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-2--Please find enclosed the copy of the swift details sent as per the sender's reference no.004MISC01518965G from our Banker INDUSIND BANK LIMITED to the BANK OF NEW YORK, MELLON, PITSBURGH/ PA, USA. Please also find enclosed a Chartered Accountant Certificate about the sales made for the period for the product.
Kindly acknowledge the receipt oft he same.
Thanking you,
Yours faithfully, For NATCO Pharma Limited
k~~ M.AOJNARA YANA COMPANY SECRETARY & VICE PRESIDENT (LEGAL & CORP. AFFAIRS)
Encl: a. a.
C. C. to:
(I} The Controller General of Patents, Designs and Trademarks - For favor of information BhoudhikSampada Bhavan and records. Near Antop Hill Head Post Office, S.M. Road, Antop Hill, Mumbai- 400 037.
{ii) The Deputy Registrar - For favor of information and records. lntellectuaJ Property Appellate Board Annex-1, Guna Complex, II Floor 443, Anna Salai1 Teynarnpet CHENNAI- 600 018.
{Iii} Bayer Corporation - For favor of information and records. 100, Bayer Road, Pittsburgh, PA 15205-9741, USA.
(iV} Rajeshwarl & Associates - For favor of information and records. S-208, Lower Ground Floor Near lNG Vysya Bank, Panchsheel Park NEW DELHI -110 017.
,~&~ C oCC.oL"L~~ • .,o~~•>•'ffi~w~~>'cl::=t""+. '''~'~CC. --~·CL•'·'~
TIDS IS TO CERTIFY THAT, we have certified the records of MIS. NATCO PHARMA LIMITED, having its Registered Office at NATCO House, Road No.2 Banjara Hills, Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand name SORAFENAT 200mg Tablets 120's made by the said Company during the period of April, 2015 to June, 2015.
Based on the verification of the records, infonnation and the explanation given by the Company, we hereby certify that the Company has made the following sales of SORA FEN AT 200mg Tab 120's during the period under review.
SI. No. Month
1. April, 2015
2 May, 2015
3 June, 2015
Total
Net Sales Made by the Company
No. of Bottles Sold (120 tab. i
Pack
3992
4036
5863
13891
Value in Rs.
24307847
24575769
35700628
84584244
The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory license for manufacture of a product owned by M/s. Bayer Corporation and not on account of any technical or financial collaboration. The limits of Royalty fixed under the Income Tax Act I FEMA therefore, do not apply to this payment. This payment is being made on the orders of the lntellectual Property Appellate Board.
--------------------- Instance Type and Transmission ------------Notification (Transmission) of Original sent to SWIFT (ACK) Network Delivery Status : Network Ack Priority/Delivery : Normal Message Input Reference : 2002 1507141NDBINBBAHYB9993884291
--------------------------- Message Header -------------------------Swift Input :FIN 103 Single Customer Credt Transfer Sender : INDBINBBHYB
INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABADIN
Receiver : MRMDUS33XXX HSBC BANK USA, N.A. NEW YORK,NY US
MUR: M78921 --------------------------- Message Text -------------------------
20: Sender's Reference 004MISC015189656
23B: Bank Operation Code CRED
32A: Val Dte/Curr/lnterbnk Settld Amt Date : 14 July 2015 Currency : USD (US DOLLAR) Amount #83380, 76#
50K: Ordering Customer-Name & Address /0004209161 060 NATCO PHARMA LIMITED NATCO HOUSE, ROAD NO 2, BANJARA HILLS HYDERABAD , INDIA
53A: Sender's Correspondent- Fl BIC /000048283 INDBINBBXXX INDUSIND BANK LIMITED MUMBAI IN
57 A: Account With Institution- Fl BIC MELNUS3PXXX
:.>if/~
---:\ r
THE BANK OF NEW YORK MELLON PITTSBURGH,PA US
59: Beneficiary Customer-Name & Addr /0065525 BAYER CORPORATION 100, BAYER ROAD, PITTSBURG, PA 15205-9741, USA
Bayer Corporation 141h October, 2015 100, Bayer Road, Pittsburgh, PA 15205-9741, USA. A<fdressfor Service In India PERFEXtO LEGAL, 9655, Sector-c, Pocket 9, Vasant Kunj New Delhi- 110 070.
Kind attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected,Sir,
Sub: Payment of Royalty on Net Sales of Soraferiib made by the Company for the period July, 2015 to September, 2015- Reg.
Ref: 1. Order dated 9111 March 2012 of the Controller General of Patents, Design and Trademarks. 2. Intellectual Property Appellate Board Order no.45/2013 in OA/35/2012/PT/MUM dt.41h March, 2013
"'"'"' With reference to the above subject we would like to state the following:
We have remitted the royalty amount for the period July, 2015 to September, 2015 as per the Bank details provided in your letter no.SKR/ASY/Appeal dt.61h September, 2012 via electronic swift remittance on 13-10-2015. The royalty payment details are as follows:
Particulars Amount In Rs./ us $ (Fractions were Rounded off wherever required}
(vii) Net Sales of SOrafenat for the period July, 2015 to 5,18,00,313 September, 2015 in Rupees
(viii) Royalty amount as per Reference No.2 @7% in Rupees 36,26,022 (ix) *Withholding Tax @10.506% on Royalty amount in Rs. 3,80,950 {x} Net amount of Royalty In Indian Rupees (ii)- (iii) 32,45,072 (xi) Conversion Rate as on 14-7-2015 from Indian Rupees 64.92
to us Dollar($) (xii) Royalty amount in US$ 49,985.71
Please find endosed the copy of the swift details sent as per the sender's reference no.004MISC015202354 from our Banker INDUSIND BANK LIMITED to the BANK OF NEW YORK, MEUON, PITSBURGH, PA, USA. Please also find enclosed a Chartered Accountant Certificate about the sales made for the said period for.the product.
Kindly acknowledge the receipt of the same.
Thanking you,
Yours falthfulfy, For NJl.TCO Pharma Limited
M~~'""{ M.ADINARA YANA COMPANY SECRETARY & VICE PRESIDENT {LEGAL & CORP. AFFAIRS)
Encl: a. a.
C. C. to: (li) The ControJJer General of Patents, Designs and Trademarks - For favor of information
and records. Shoudhik Sampada Bhavan NearAntop HiUHead PostOfflce, S.M.Road, Antop Hill, Mumbai- 400 037.
(II) The Deputy Registrar Intellectual Property Appellate Board Annex-1, Guna Complex, II Floor 443, Anna Salal, Teynampet CHENNAI~ 600 018.
(iii) Bayer Corporation 100, Bayer Road, Pittsburgh, PA 15205•9741, USA.
(lv) Rajeshwarl & Associates S-208, lower Ground Floor Near lNG Vysya Bank, Panchsheel Park NEW DELHI-110 017.
- For favor of information and records.
- For favor of information and records.
- For favor of information and records.
~\
r
--------------------- Instance Type and Transmission-------------Notification (Transmission) of Original sent to SWIFT (ACK) Network Delivery Status : Network Ack Priority/Delivery : Normal Message Input Reference : 2345 1510131NDBINBBAHYB0086959945
--------------------------- Message Header -------------------------Swift Input : FIN 103 Single Customer Credt Transfer Sender : INDBINBBHYB
INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABADIN
Receiver : MRMDUS33XXX HSBC BANK USA, N.A. NEW YORK, NY US
MUR: M71089 -------------------------- Message Text ---------------------------
20: Sender's Reference 004MISC015202354
23B: Bank Operation Code CRED
32A: Val Dte/Currllnterbnk Settld Amt Date : 13 October 2015 Currency : USD (US DOLLAR) Amount #49985,71#
50K: Ordering Customer-Name & Address /200000319957 NATCO PHARMA LIMITED NATCO HOUSE, ROAD NO 2, BANJARA HILLS HYDERABAD , INDIA
53A: Sender's Correspondent- Fl BIG /000048283 INDBINBBXXX INQUSIND BANK LIMITED MUMBAI IN
57 A: Account With Institution- Fl BIG MELNUS3PXXX
\.'\~ .·\
\ . i
.\J
THE BANK OF NEW YORK MELLON PITTSBURGH,PA US
59: Beneficiary Customer-Name & Addr /0065525 BAYER CORPORATION 100, BAYER ROAD, PITTSBURGH, PA 15205-97 41 , USA
TillS IS TO CERTIFY THAT. we have certified the records of M/S. NATCO PHARMA LIMITED, having its Registered Office at NATCO House, Road No.2 Banjara Hills,
Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand
name SORAFENAT 200mg Tablets 120's made by the said Company during the period of July, 2015 to September, 2015.
Based on the verification of the records, information and the explanation given by the
Company, we hereby certify that the Company has made the following sales of SORAFENAT 200mg Tab 120's during the period under review.
i Month
'-------------------·······! l Net Sales Made by the Company
j___ __________________ --,---------1 i No. of Bottles Sold (120 tab. :
The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory
license for manufacture of a product owned by M/s. Bayer Corporation and not on account of
anv technical or financial collaboration. The limits of Rovalty fixed under the Income Tax Act - -1 FEMA therefore, do not apply to this payment. This payment is being made on the orders of
the Intellectual Property Appellate Board.
Date : September 12, 2015 Place : Hyderabad
For KC>•tvT:-1/\ f:~ Cc Chartered . .u.ccou ntants
M ND. ~MS42 ,\~ :) :.:y _l
f.\ G SUJATl>..
Partner
J
Head Office: 26-22-21, Mudunuruvari Street, Gandhi Nagar, Vijayawoda- 520 003. Phone: 0866-5563440, 0866-2573440, Fox : 0866-2570960
Bayer Corporation 131h January, 2016 100, Bayer Road, Pittsburgh, PA 15205-9741, USA. Address for Senllce Jn India PERFEXIO LEGAL, 9655, Sector-C, Pocket 9, Vasant Kunj New Delhi-110 070.
Kind attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected Sir,
Sub: Payment of Royalty on Net Sales of Sorafenib made by the Company for the period October, 2015 to December, 2015- Reg.
Ref: i. Order dated gth March 2.012 of the Controller General of Patents, Design and Trademarks. 2.1ntellectual Property Appellate Board Order no.45/2013 in OA/35/2012/PT/MUM dt.4111 March, 2013
*** With reference to the above subject we would like to state the following:
We have remitted the royalty amount for October, 2015 to December, 2015 as per the Bank details provided in your letter no.SKR/ASY/Appeal dt.61
h September, 2012 received via electronic swift remittance on 12,01-2016. The royalty payment details are as follows:
(i)
(ii)
(iii) {iv) (v)
(vi)
Particulars
Net Sales of Sorafenat for the period October, 2015 to December, 2015 in Rupees Royalty amo.unt as per Reference No.2 @7% in Rupees *Withholding Tax @10.506% on Royalty amount in Rs. Net amount of Royalty in Indian Rupees (ii)- {iii) Conversion Rate as on 12-1-2016 from Indian Rupees to us Dollar{$) Royalty amount in l)S $
.. ,o. ' \rJ/
·~·"-··· ··'. 1 . .
Amount in Rs./ US $ (Fractions were Rounded off wherever required)
Please firid enclosed the copy of the swift details sent as per the sender's reference no.004MISC016218326 from our Banker INDUSIND BANK LIMITED to the HSBC BANK NEW YORK, USA.
Please also find enclosed the Chartered Accountant Certificate about the product sales made during the said period.
Kindly acknowledge the receipt of the same.
Thanking you,
Yours faithfully, For NATCO Pharma Limited
. ~\l\\:Y• r-"~"1' '(V M.AOINARAYANA
COMPANY SECRETARY & VICE PRESIDENT (LEGAl & CORP. AFFAIRS)
Encl: a. a.
C:C.to: (I) The Controller General of Patents, Designs and Trademarks- For favor of information Bhoudhik Sampada Bhavan and records. Near Antop Hill Head Post Office, S.M.Road, Antop Hill, Mumbai- 400 037.
(ii) The Deputy Registrar Intellectual Property Appellate Board Annex-1, Guna Complex, II Floor 443, Anna Salai~_ Teynampet CHENNAI- 600 018.
(iii) Bayer Corporation 100, Bayer Road, Pittsburgh, PA 15205-9741, USA.
Near lNG Vysya Bank, Panchsheel Park NEW DElHI-110 017.
-For favor of information and records.
- For favor of information and records.
• For favor of information and records.
2
,---\ (}
r
--------------------- Instance Type and Transmission -------------Notification (Transmission) of Original sent to SWIFT (ACK) Network Delivery Status : Network Ack Priority/Delivery : Normal Message Input Reference :2120 1601121NDBINBBAHYB0170036910
-------------------------- Message Header -----------------------Swift Input :FIN 103 Single Customer Credt Transfer Sender : INDBINBBHYB
INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABADIN
Receiver : MRMDUS33XXX HSBC BANK USA, N.A. NEW YORK,NY US
MUR: M85686 --------------------------- Message Text -------------------------
20: Sender's Reference 004MISC016218326
23B: Bank Operation Code CRED
32A: Val Dte/Curr/lnterbnk Settld Amt Date : 12 January 2016 Currency : USD (US DOLLAR) Amount #67479,81#
50K: Ordering Customer-Name & Address /200000319957 NATCO PHARMA LIMITED NATCO HOUSE, ROAD NO 2, BANJARA HILLS HJDERABAD , INDIA
53A: Sender's Correspondent- Fl BIC /000048283 INDBINBBXXX INDUSIND BANK LIMITED MUMBAI IN
57 A: Account With Institution - Fl BIC MELNUS3PXXX
THE BANK OF NEW YORK MELLON PITTSBURGH,PA US
59: Beneficiary Customer-Name & Addr /006 5525 BAYER CORPORATION 100 BAYER ROAD PITTSBURGH PA 15205-97 41 USA
70: Remittance Information ROYALTY PAYMENT OCT 2015 TO DEC 2015
--------------------------- I nte rve nti on s -------------------------Category : Network Report Creation Time: 12/01/16 21:20:47 Application :SWIFT Interface Operator : SYSTEM Text {1 :F211NDBINBBAHYB0170036910}{4:{177:1601122120}{451 :0}{108:M85686}}
Service Tax No.: AAGFK 1590FSTOO 1 Mobile : 9849441118 Email : [email protected]
Date ; ................................... .
TO WHOMSOEVER IT MAY CONCERN
TIDS IS TO CERTIFY THAT, we have certified the records ofM/S. NATCO PHARMA LIMITED, having its Registered Office at NA TCO House, Road No.2 Banjara Hills,
Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand name SORAFENAT 200mg Tablets 120's made by the said Company during the period of October, 2015 to December, 2015.
Based on the verification of the records, information and the explanation given by the Company, we hereby certify that the Company has made the following sales of SORAFENAT 200mg Tab 120's during the period under review.
f SI. No. Month Net Sales Made by the Company
No. of Bottles Sold (120 tab. I I
Pack Value in Rs.
1. I October, 2015 3208 19533902
2 November, 2015 4979 30317828
3 . , December, 2015 3644 22178242!
TotaJ I
11831 72029972
The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory license for manufacture of a product owned by M/s. Bayer Corporation and not on account of any technical or financial collaboration. The limits of Royalty fixed under the Income Tax Act
I FEMA therefore, do not apply to this payment. This payment is being made on the orders of the Intellectual Property Appellate Board.
PA 15205·9741, USA. Address-for Service In India PERFEXIO LEGAL, 9655, Sector-C, Pocket9, Vasant Kunj New Delhi- 110 070.
18th April, 2016
Kind Attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected Sir,
Sub: Payment of Royalty on Net Safes of Sorafenib made by the Company for the period January, 2016 to March, 2016- Reg.
Ref: 1. Order dated gth March 2012 of the Controller General of Patents, Design and Trademarks. 2. Intellectual Property Appellate Board Order no.45/2013 in OA/35/2012/PT/MUM dt.41h March,
2013
*** With reference to the above subject we would like to state the following:
We have remitted the royalty amount for January, 2016 to March, 2016 as per the Bank details provided in your letter noSKR/ASY/Appeal dt.6~h September, 2012 received via electronic swift remittance on
13-04-2016. The royalty payment details are as follows:
(i)
(ii)
(iii) (lv) (v)
(vi)
IO!:fN'I· ... (,,,
Particulars
Net Sales of Sorafenat for the period January, 2016 to March, 2016 in Rupees Royalty amount as per Refere.nce No.2 @7% in Rupees *Withholding Tax @10.506% on Royalty amount in Rs.
Net amount of Royalty In Indian Rupees (ii)- (iii) Conversion Rate as on 13-4-2016 from Indian Rupees to US Dollar ($) Royalty amount In US$
Please find enclosed the .copy of the swlft details sent as per the sender's reference no.004MISC016231316 from our Banker INDUSIND BANK LIMITED to the BANK OF NEW YORK, MELLON, PITSBURGH, PA, USA. Please also find enclosed the Chartered Accountant Certificate about the product sales made during the said period.
Kindly acknowledge the receipt of the same.
Thanking you,
Yours faithfully, For NATCO Pharma limited
~~ M.ADJNARAYANA COMPANY SECRETARY & VICE PRESIDENT {LEGAL & CORP. AFFAIRS)
Encl: a. a.
C. C. to: (t) The Controller General of Patents, Designs and Trademarks - For favor of information Bhoudhlk Sampada Bhavan and records. Near Antop Hlfl Head Post Office, S.M.Road, Antop Hill, Mumbai- 400 037.
(ii) The Deputy Registrar Intellectual Property Appellate Board Annex-11 Guna Complex, II Floor 443, Anna Salai, Teynampet CHENNAI- 600 018.
(iii) Bayer Corporation 100, Bayer Road;, Pittsburgh, PA 15205-9741, USA.
(iv) Ra]eshwarl & Associates S-208, LowerGround Floor Near fNG Vysya Bank, Panchsheel Park NEW DELHI -110 017.
--------------------- Instance Type and Transmission -------------Notification (Transmission) of Original sent to SWIFT (ACK) Network Delivery Status : Network Ack Priority/Delivery : Normal Message Input Reference : 0033 1604141NDBINBBAHYB0266125506
-------------------------- Message Header -----------------------Swift Input :FIN 103 Single Customer Credt Transfer Sender : INDBINBBHYB
INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABADIN
Receiver : MRMDUS33XXX HSBC BANK USA, N.A. NEW YORK, NY US
MUR: M124917 -------------------------- Message Text -------------------------
20: Sender's Reference 004MISC016231316
23B: Bank Operation Code CRED
32A: Val Dte/Curr/lnterbnk Settld Amt Date : 13 April2016 Currency : USD (US DOLLAR) Amount #79320,81#
50K: Ordering Customer-Name & Address /200000319957 NATCO PHARMA LIMITED NATCO HOUSE, ROAD NO 2, BANJARA HILLS HYDERABAD , INDIA
53A: Sender's Correspondent - Fl BIC /000048283 INDBINBBXXX INDUSIND BANK LIMITED MUMBAI IN
57 A: Account With Institution - Fl BIC MELNUS3PXXX
THIS IS TO CERTIFY THAT, we have certified the records of MIS. NA TCO PHARMA LIMITED, ·having its Registered Office at NATCO House, Road No.2 Banjara Hills, Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand name SORAFENAT 200mg Tablets 120's made by the said Company during the period of January, 2016 to March, 2016.
Based on the verification of the records, information and the explanation given by the Company, we hereby certify that the Company has made the following sales of SORAFENAT 200mg Tab l20's during the period under review.
Net Sales Made by the Company e----+-1 M_on-th __ _ +--------······ -.....---· ··-········ ··--·-·----
I
No. of Bottles Sold (120 tab. l Pack
Value in Rs. i
I 1. ' January, 2016 4998 30417023 i ~----------+-------------------+---------------------r-----~----=4
February~ 2016 3522 20795567 i 2
3 March, 2016 5432 32798389
Total 13952 84010979
The Royalty is being paid on the value or Sales made consequent to the grant of a compulsory license for manufacture of a product owned by MJs. Bayer Corporation and not on account of any technical or financial collaboration. The limits of Royalty fixed under the Income Tax Act 1 FEMA therefore, do not apply to this payment. This payment is being made on the orders of
Bayer Corporation 100, Bayer Road, Pittsburgh, PA 15205~9741, USA. Address for Service in fndfa PERFEXIO LEGAL, 9655, Sector-C, Pocket 9, Vasant Kunj New Delhi~ 110 070.
Kind Attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected Sir,
151h July, 2016
Sub: Payment of Royalty on Net Sales of Sorafenlb made by the Company for the period April, 2016 to June, 2016- Reg.
Ref: 1. Order dated gth March 2012 of the Controller General of Patents, Design and Trademarks. 2. Intellectual Property Appellate Board Order no.45/2013ln OA/35/2012/PT/MUM dt.41h March, 2013
*** With reference to the above subject we would like to state the following:
We have remitted the royalty amount for April, 2016 to June, 2016 as per the Bank details provided in your letter no.SKR/ASY/Appeal dt.6th September, 2012 received via electronic swift remittance on 14-Q7~2016. The royalty payment details are as f~lfows:
{i)
{ii) (In)
(lv) (v)
Particulars
Net Sales of Sorafenatfor the period April, 2016 to June, 2016 in Rupees Royalty amount as per Reference No.2 @7% in Rupees "'Withholding Tax @10.506%.on Royalty amount !n Rs. Net amount of Royalty lnln'2Thf Rupees (II) -(iii) Conversion Rate as on 14•7-~01 6 from Indian Rupees to us Dollar($) Royalty amount tn US$ \
Amount in Rs./ US$ (Fractions were Rounded off wherever required)
Please find enclosed the copy of the swift details sent as per the sender's reference no.004MISC016243911 from our Banker INDUSIND BANK LIMITED to the BANK OF NEW YORK, MELLON, PITSBURGH, PA, USA. Please also find enclosed the Chartered Accountant Certificate about the product sales made during the said period.
Kindly acknowledge the receipt of the same.
Thanking you,
Yours fatthfufly, For NATCO Pharma limited
~~ M.ADINARAYANA COMPANY SECRETARY & VICE PRESIDENT (lEGAL & CORP. AFFAIRS)
Encl: a. a.
C. C. to:
{i) The Controller General of Patents, Designs and Trademarks - For favor of Information Bhoudhlk Sampada Bhavan and records. Near Antop HIJI Head Post Office, S.M.Road,Antop Hill, Mumbai- 400 W7.
(ii) The Deputy Registrar Intellectual Property Appellate Board
Annex-1, Guna Complex, II Floor 443, Anna Salai, Teynampet CHENNAI· 600 018.
(iii) Sayer Corporation 100, Bayer Road, Pittsburgh, PA 15205-9741, USA.
(iv} Rajeshwarl & Associates 5-208, lower Ground Floor Near lNG Vysya Bank, PanchsheeiPark NEW DELHl-110 017.
Bayer Corporation 100, Bayer Road, Pittsburgh, PA 1S205-9741,.USA. Addrgss forht'vke in India PERF$00 LEGAL. 96551 Sector~c, Pocket 9, Vasant Kunj New Delhi· 110010,
I I(_
Kind Attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respe~ed Sir,
17th October, 2016
Sub: Payme11t of Royalty on Net Sales of Sorafenlb made by the Company for the period July, 2016 to September, 2016 '":' Reg.
Ref: 1. Order dated gth March 2012 of the Controller General of Patents, Design and Trademarks. 2..lntellectual Property Appellate Board Order no.45/20B in OA/35/2012/PT/MUM dt.4t~~ March, 2013
••• Wrth referencetothe above subject we woUld Oketo state the following:
We have remltted-tn~ royalty amount for July, 2016 to September, 2016 as per the Bank details provided in your letter no.SKR/ASY/Appeal dt;Gth September,2012 received via electronic swift remittance on 14-10.2016. The royalty payment details are as follows:
Particulars Amount ht Rs./ US $ (Fractions were Rounded off wherever required)
(I) Net Sales of Sorafenatfor the period July, 2016to September, 2016 11,43;56,000 ln .R\Jp~e;s
(II) Royaltv am()unt as per Reference No.2 @7% In Rupees 80;04,920 {Iii) *\1VltbhC)Jdin2'[email protected]%'on·Roya1ty amount rn Rs. 8.40,997 (iv) Net, amount of Ro\falty in Indian Rupees Oi}- (iii) 71,63,923 M Conversion Rate as on 13-1()..2016 from indian Rupees to us Dollar($} 66.8250 (vi) Royalty am punt In us S 1,07,204.24
Please find endosed the copy of the swfft dt!tails sent as per the sender's reference no:004MISC016~6650 from our Banker INOUSINO SANK LIMITED to the BANK OF NEW YORK. MELlON, PITSBURGH. PA, USA Please also find enclosed the Chartered Accountant Certlflc;,te about the product sales made durinJthe said period.
C.C.to: ll) The Controller General of Patents, Destens and Trademarks - For favor of Information and records. BhoUdblk,Sampada';Shavan Near Antop Hill Head'PostOfflc:e, s.M.Road, Antop Hill, Mumbal- 400&37.
(ii} The OeP\11-Y ~eglnrar lntelle®alPtoperty Appellate Board Annex•1. Gi.ma Complex, Jl. Floor 44~, Anna Salal, Teynampet CHENNAI- 600 '018.
{iit)~J"Catp!:iradoo, 100, Bayer ftoad, Pittsburgh, PA 1520$-9741, USA.
{iv) Raleshwarl & Associates 5-208, Lower Ground Floor NeartNGVysya Bank, PancbsbeefPark NEW DEUII· 110 017.
- For favor of information and·records.
- for favor uf information and records.
. For favor of information and records.
--------------------- Instance Type and Transmission -------------Notification (Transmission) of Original sent to SWIFT (ACK) Network Delivery Status : Network Ack Priority/Delivery : Normal Message Input Reference : 0324 1610141NDBINBBAHYB0444320797
--------------------------- Message Header -------------------------Swift Input :FIN 103 Single Customer Credt Transfer Sender : INDBINBBHYB
INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABADIN
Receiver : MRMDUS33XXX HSBC BANK USA, N.A. NEW YORK, NY US
MUR: M133580 -------------------------- Message Text ---------------------------
20: Sender's Reference 004MISC016256650
23B: Bank Operation Code CRED
32A: Val Dte/Curr/lnterbnk Settld Amt Date : 13 October 2016 Currency : USD (US DOLLAR) Amount #1 07204,24#
SOK: Ordering Customer-Name & Address /200000319957 NATCO PHARMA LIMITED NATCO HOUSE, ROAD NO 2, BANJARA HILLS HYDERABAD , INDIA
53A: Sender's Correspondent - Fl BIC /000048283 INDBINBBXXX INDUSIND BANK LIMITED MUMBAI IN
57 A: Account With Institution- Fl BIC MELNUS3PXXX
Bayer CorporatiOn 17th January, 2017 100, Bayer Road, Pittsbu"Sh# PA 15205-9741, USA Address for Service In India PE~fE}(lO L~GAl1 96SS; Sector-C, P.ocket 9, Vasant Kunj New Delhi- 110 070.
Kind Attn: Mr. Sanjay Kumar, Counsel for tpe Patentee
Respected Sir,
Sub: Paymentof ~oyalty on Net Sales of Sorafenib made by the Company for the period October, 2016 to December,.2016- Reg.
Ref. 1. Order dated gth March 2012 of the Controller General of Patents, Design and Trademarks. 2.1ntellectual Property.Appellate Board Order no.45/20l31n OA/35/2012/PT/MUM dt.4'" March, 2013
"'*"' With reference to the above subJect we would like to state the following:
We have remitted the royalty amount for October, 2016 to December, 2016 as per the Bank details provided ln your letter no.SKR/ASY/Appeal dt.6th September, 2012 received via electronic swift remittance on.12-01·2017. The royalty payment detalls are as follows:
(i)
(iil iii) hl) v)
(vi:}
Partlet~l~rs Amount In Rs./ US$ (Fractions were Rounded off wherever required)
Net Sales.ofSorafenat for the period October, 2016 to 14,os,n,G96 December, 20~_61n Rupees Royalty arnounfas per Reference No.2 @7% fin Rupees) 98,61,439
--·· *Withholding Tax @10.506% on Ro:talty amount In Rs. .. i 10,36,043 Net amount of Rova:tty Itt lndlan Rupe!:!s {ii)- {iii) \ 88,25,396 Conversion Rate as on 12,.01-2017 from Indian Rupees to US Dollar($) 68.0350 I
Please find enclosed the copy of the swift details sent as per the sender's reference no·004MJSC0:17271658 from our Banl<er INOUSINO BANK UMITEO to the BANK OF NEW YORK, MEllON, PlTSBURGH, PA1 USA. Please also find enclosed the Chartered Accountant Certificate about the product sales made during the said period.
Kindlyact<nowledse the ~!pt of the same.
Thanking you,
Yours faithfully, F.orNATCO'Pharma limited
AkAJ'l;.>i~~"'-"'"-~ M.AOINARAYANA COMPANY SECRETAf\:'N~. VICE PRESIDENT {lEGAl & CORP. AFFAIRS)
end; a. a.
CC.to: (i) The Contl:DIIer General of Patents, Designs and Trademarks· For favor of information and records. Bhoudl:ltkSampada·Bhavan NearAotop Hill Head Post Offlcei S;NJ.Roadi Mtop Hill, · Mumbai .. 406037.
(II) The: Deputy Re&JStrar fntellectualProper:tyAppeltate BQard Annex.,.1; Guna Compte~. It Floor 44$'i Annasatai~ Teynampet CHENNAl· 600 03.8.
{iii} Bayer C9rporatlon lOO~'a;iy~r~~Jtst Pittsburgh/ PA 1S20$;9741;USA.
(lv) AaJeshwarl & Associates s-20Bilower'GTQl.md ffoor N~ariNG Vysya Bank, PanchsheeiPark NEW DEI.Hl-110 017~
• For favor of information and records.
- Forfavor of information and records.
- For favor of information and records.
--------------------- Instance Type and Transmission ------~-----Notification (Transmission) of Original sent to SWIFT (ACK) Network Delivery Status : Network Ack Priority/Delivery : Normal Message Input Reference : 02071701131NDBINBBAHYB0531419162
I ------------------------- Message Header ------------------------
Swift Input :FIN 103 Single Customer Credt Transfer Sender : INDBINBBHYB
INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABADIN
Receiver : MRMDUS33XXX HSBC BANK USA, N.A. NEW YORK,NY US
MUR: M224424 --------------------------- Message Text ---------------------------
20: Sender's Reference 004MISC017271658
23B: Bank Operation Code CRED
32A: Val Dte/Curr/lnterbnk Settld Amt Date : 12 January 2017 Currency : USD (US DOLLAR) Amount #129718,47#
50K: Ordering Customer-Name & Address /200000319957 NATCO PHARMA LIMITED NATCO HOUSE, ROAD NO 2, BANJARA HILLS HYDERABAD I INDIA
53A: Sender's Correspondent - Fl BIC /000048283 INDBINBBXXX INDUSIND BANK LIMITED MUMBAI IN
57 A: Account With Institution- Fl BIC MELNUS3PXXX
.. \
·, .
THE BANK OF NEW YORK MELLON PITTSBURGH,PA US
59: Beneficiary Customer-Name & Addr /006-5525 BAYER CORPORATION UNITED STATES OF AMERICA
70: Remittance Information TOWARDS ROYALDY PAYMENT
THIS IS TO CERTIFY THAT, we have certified the records ofM/S. NATCO PHARMA LIMITED, having its Registered Office at NATCO House, Road No.2 Banjara Hills, Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand name SORAFENAT 200mg Tablets 120's & SORAFENA T 200mg Tablets 60's made by the said Company during the period of October, 2016 to December, 2016.
Based on the verification of the records, information and the explanation given by the Company, we hereby certify that the Company has made the following sales of SORAFENA T 200mg Tab 120's &
SORAFENAT 200mg Tab 60's during the period under review.
Sl. Month Net Sales Made by the Company No.
No. of Bottles Sold (120 tab. Pack) Value in Rs.
1. October, 2016 6907 4,19,84,559
2 November, 2016 6345 3,83,15,897
3 December, 2016 9872 6,00,61 '788
A Total 23124 14,03,62,244
No. of Bottles Sold (60's tab pack)
1. October, 2016 65 1,96,748
2 November, 2016 49 1,48,811
3 December, 2016 56 1,69,893
B Total 170 5,15,452
Grand Total A+B 14,08, 77,696
The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory license for manufacture of a product owned by M/s. Bayer Corporation and not on account of any technical or financial collaboration. The limits of Royalty fixed under the Income Tax Act I FEMA therefore, do not apply to this payment. This payment is being made on the orders of the Intellectual Property Appellate Board.
Date : January 5, 2017 Place : Hyderabad
For KOWTHA & Co. Chartered Accountants
M. Mo. 202842
,, c .. ) .. 'j~ "-\ . G. SUJATA / Partner
.. ~ Natco Pharma Limited
Reg(!. Off.: 'NATCOHOUSE', Road No.2. Banjura Hills, Hyderabad- 500034. ielangana, INDIA. Tel: +91 40 23547532, Fax: +91 40 23548243
Bayer Corporation 100. Bayer Road, Pittsburgh, PA 15205~9741, USA. Address for Service in India PfRFEXIO lfGAL, 9655, Sector-C, P<><:ket 9, Vasant Kunj New Delhi- 110 070.
J<ind Attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected Sir,
171h April, 2017
Sub: Payment of Royalty on Net Sales of Sorafenlb made by the Company for t11e period January, 2017 to March,2017- Reg.
Ref: 1. Order dated 9(" March 2012 of the Controller General of Patents, Design and Trademarks. 2. fntelfectual Property Appellate Board Order no.45/2013 in OA/35/2012/PT/MUM dt.41h March, 2013
••• With reference to the above subject we would like to state the following:
We have remitted the royalty .amount for January, 2017 to March, 2017 as per the Bank details provided in your letter no;SKR/ASY/Appeal dt.61h September, 2012 received via electronic swift remittance on 13~04-2017. The royalty payment details are as follows;
Particulars ----··---r Amount in Rs./ US$ l (Fractions were Rounded off
J whercverrequired) {i) Net Sales of Sorafenat for the period January, 2017 to l 14,15,53,884
Marcil, 2017 tn Rupees {li} ~oy-alty ;~meunt ~per Reference Na._2 @7% (in R11pees) L 99,08,7?_~
(llil "'Withholding Tax @10.506% on Royalty a!!lount in Rs. ! 10,4.1,016 (tv) Net amount of Royalty in Indian Rupees (ii}- (iii) I 88,67,756
(v) Conversion Rate as on 13-04-2017 from Indian Rupees to US Dollar {~L}-- 64.31J -(vi) Royalty amount In US $ 1,37,890.78
Tclnngana, INDIA. Tel: +91 40 23547532, Fax: +91 40 2.3548243 ClN ; 1:24230TG 1981PLC003ZO I, www.narcopbarma.eo..in
Please find enclosed the copy of the swift details sent as per the sender's reference no.0195617FTS000405 from out Banker Allahabad Bank to the BANK OF NEW YORK, MELLON, PITS BURGH, PA, USA. Please also find enclosed the 0\artered Accountant Certificate about the product sales made during the said period.
C. C. to: {I) The Controller. General of Patents, Designs and Trademarks· For favor of Information and records. Shoudhik sarnpada Bhavan Near An top Hill Head Post Office, S.M.Road, Antop Hill, Mumbai • 400 037.
(ii) The Deputy Registrar lntell~al Property Appellate Board Annex•l~ Guna Complex, II Floor 443, Anna Salal, Teynampet CHENNAI- 600 018.
(iii) Bayer Corporation 100, Bayer Road,· Pittsburgh, PA 15205-9741, USA.
{iv) Rajeshwari & Associates 5-208, lower Ground Floor Near JNG Vysya Sank, Panchsheel Park NEW OELHl·llO 017.
- For favor of information and records.
- For favor of information and records.
- For favor of information and records.
···.BAN····:·.·.,·,K·· ··' : .. ; ;' .
. ·· .. ·.
Header Block Message Direction I - SWIFT ACKNOWLEDGEMENT Message Type 103 Messag_e Received Date 13-04-201719:15:59
TO WHOMSOEVER IT MAY CON(gfiRN ................................ .
TIDS IS TO CERTIFY THAT, we have certified the records of MIS. NATCO PHARMA LIMITED, having its Registered Office at NATCO House, Road No.2 Banjara Hills, Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand name SORAFENAT 200mg Tablets 120's & SORAFENAT 200mg Tablets 60's made by the said Company during the period of January, 2017 to March, 2017.
Based on the verification of the records, information and the explanation given by the Company, we hereby certify that the Company has made the following sales of SORAFENAT 200mg Tab 120's & SORAFENAT 200mg Tab 60's during the period under review.
SI. No. Month
1. January, 2017
2 February,2017
3 March, 2017
A Total
1. January, 2017
2 February,2017
3 March, 2017
B Total
Grand TotalA+B
Net Sales Made by the Company
No. of Bottles Sold (120 tab. Pack)
7817
6068
9335
23220
No. of Bottles Sold (60's tab pack)
132
125
225
482
Value in Rs.
47022779
36922250
56144703
140089732
400878
379595
683679
1464152 !
141553884
The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory license for manufacture of a product owned by M/s. Bayer Corporation and not on account of any technical or
financial collaboration. The limits of Royalty fixed under the Income Tax Act I FEMA therefore, do not apply to this payment. This payment is being made on the orders of the Intellectual Property Appellate
Bayer Corporation 100, BayerRoad, Pittsburgh, PA 15205-9741, USA. Address for Service in India PERFEXIO LEGAL,
9655, Sector-C, Pocket 9, Vasant Kunj New Delhi- 110 070.
Kind Attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected Sir,
Sub: Payment of Royalty on Net Sales of Sorafenib made by the Company for the period April, 2017 to June, 2017- Reg.
Ref: 1. Order dated gth March 2012 ofthe Controller General of Patents, Design and Trademarks. 2.1ntellectual Property Appellate Board Order no.45/2013 in OA/35/2012/PT/MUM dt.41h March, 2013
*** With reference to the above subject we would like to state the following:
We have remitted the royalty amount for April, 2017 to June, 2017 as per the Bank details provided in your letter no.SKR/ASY/Appeal dt.61h September, 2012 received via electronic swift remittance on 13-0f-2017. The royalty payment details are as follows:
Particulars Amount in Rs. I US$ (Fractions were \
Rounded off i
········-····-·-----wherev!i:_!'r_~_quired)
{i) Net Sales of Sorafenat for the period April, 2017 to June, 2017 14,46,65,495 in Rupees
(ii} Royalty amount as per Reference No.2 @7% {in Rupees) 1,01,26,585 (iii) *Withholding Tax @10.506% on Royalty amount in Rs. 10,63,899 (iv) Net amount of Royalty in Indian Rupees (ii)- (iii) 90,62,686 (v) Conversion Rate as on 13-07-2017 from Indian Rupees to US Dollar($) 64.4450 (vi) Royalty amount in US $ 1,40,626.67
··-
.. 2
N a teo Ph arm a Limited Regd. 0~.: 'N.t\fCO HOUSE', Road No.2, Banjara Hills, Hyderabad. 500034.
Please find enclosed the copy of the swift details sent as per the sender's reference no.ORM0004170032032 from our Banker lnduslnd Bank to the Bank of New York, Mellon, Pitsburgh, PA, USA. Please also find enclosed the Chartered Accountant Certificate about the product sales made during the said period.
Kindly acknowledge the receipt of the same.
Thanking you,
Yours faithfully, For NATCO Pharma Limited
~ COMPANY SECRETARY & V.P.(LEGAL & CORP. AFFAIRS)
Encl: a. a.
C. C. to: (i) The Controller General of Patents, Designs and Trademarks - For favor of information and records.
Bhoudhik Sampada Bhavan Near Antop Hill Head Post Office,
S.M.Road, Antop Hill, Mumbai- 400 037.
(ii) The Deputy Registrar Intellectual Property Appellate Board
SWIFT DETAILS MT103 SINGLE CUSTOMER CREDIT TRANSFER TO INSTITUTION MRMDUS33:XXXX PRIORITYN :20: SENDER'S REFERENCE ORM0004170032032 :23B: BANK OPERATION CODE CRED
' ,,
· :32A: VALUE DATE/CURRENCY/INTERBANK SETTLED AMOUNT 170713USD140626,67 :50K: ORDERING CUSTOMER 111080131 NATCO PHARMA LIMITED NATCO HOUSE ROAD NO 2 BANJARA HILLS HYDERABAD ANDHRA PRADESH INDIA :52A: ORDERING INSTITUTION INDBINBBHYB INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABAD INDIA HYDERABAD :53B: SENDER'S CORRESPONDENT /000048283 :57 A: ACCOUNT WITH INSTITUTION MELNUS3P:XXX THE BANK OF NEW YORK MELLON NULL PITTSBURGH,PA UNITED STATES OF AMERICA PITTSBURGH,PA :59: BENEFICIARY CUSTOMER /006-5525 BAYER CORPORATION UNITED STATES OF AMERICA :70: REMITTANCE INFORMATION ROYALTY PAYMENT :71A: DETAILS OF CHARGES SHA
• - '_<' 'i ,.- ~ ·, .c/
Bayer Corporation 100, Bayer Road, Pittsburgh, PA 15205-9741, USA. Address for Service In lnd Ia PERFEXIOLEGAL, 9655, Sector-C. Pocket 9, Vasant Kunj New Delhi- 110 070.
1t:LngaxJ;,, INOlA lei : -~~n 40 231>475;3<.:, ht.X: ~9l 40 23548243 C!N : L24230TG l9B J Pi Cnn:1201. www.n<>tt:oph<1rtnil.cc.iu
( 13t~ October, 2017
i<;'ind Attn: Mr. Sanlav Kumar, Cc.PJnspl for the :>C~tente~
~espected Sir,
Sub: Payment of Royalty on Net Sales of Sorafenib made by the Company for the period July, 2017 to September, 2.017- Reg.
Ref: 1. Order dated 9111 March 2012 of the Controller General of Patents, Design and Trademarks. 2. Intellectual Property Appellate Board Order no.45/20B in OA/35/2012iPT/MUM dt.41
h March, 2013
* '"" With reference to the above subject we would !ike to state the following:
We have remitted the roy1:1lty amount for July, 2.017 to September, 2017 as per the Bank details provided in your letter no.SKR/ASY I Appeal dt.6th September, 2012 via electronic swift rem itt a nee on 12-10-2017. The royalty payment details are as follows:
Particulars
(I) Net Sales. of Sor-afenat for the period July, 2017 to
....... - .. ]"'Amount in Rs./ us s (Fractions were Rounded off wherever required) I "' "' ....... ------..... ·---·-·--·"·«-- ... - ---·j
17,66,05,335 1
____ September~~017 in R_l...clp_e~e_s ___ _ {.!!) Royalty amount as pe~~fer~l_1~1!_~_o.2 @7% {in Rupees) 1,23,62,373 1
(iii) *Withholding Tax @10.506% on Royalty amount in Rs. ..·---=--~?-:!~8,?9~-! ., (iv)--N~tamountofRoyaltyinlndianRu·p~;~{i"ij~-~iiiJ ·- - , ---- ·-- 1,10,63,582 i j {v) Conversion Rate-ason-12:1Q~2oi7--iiom Indian Rupees to us '----------- 5s.i1Sl
Please find endosed the copy of the swift details sent a.s per the sender's reference no.ORM0004170064516 from our Banker lnduslnd Bank to the Bank of New York, Mellon, Pitsburgh, PA, USA. Please also find enclosed the Chartered Accountant Certificate about the product sales made during the said period.
(i) The Controller General of Patents, Designs and Trademarks- For favor of information and records. Bhoudhik Sampada Bhavan Near Antop Hill Head Post Office, S.M.Road, Antop Hill, Mumbai- 400 037.
(iii} Bayer Corporation 100, Bayer Road, Pittsburgh, PA 15205-9741, USA.
(iv) Rajeshwarr & Associates S<208,lower Ground Floor Near lNG Vysya Bank, Panchshee!Park NEW DELHI -110 017.
-for favor of information and records.
- For favor of information and records.
- For favor of information and records.
::! -~- .... - ..
. :1
SWIFT DETAILS MT103 SINGLE CUSTOMER CREDIT TRANSFER TO INSTITUTION MRMDUS33XXXX PRIORITYN :20: SENDER'S REFERENCE ORM0004170064516 :23B: BANK OPERATION CODE CRED :32A: VALUE DATE/CURRENCY /INTERBANK SETTLED AMOUNT 171012USD169908,35 :50K: ORDERING CUSTOMER /11080131 NATCO PHARMA LIMITED NATCO HOUSE ROAD NO 2 BANJARA HILLS HYDERABAD ANDHRA PRADESH INDIA :52A: ORDERING INSTITUTION INDBINBBHYB INDUSIND BANK LIMITED (HYDERABAD, S.P. ROAD) HYDERABAD INDIA HYDERABAD :53B: SENDER'S CORRESPONDENT /000048283 :57 A: ACCOUNT WITH INSTITUTION MELNUS3PXXX THE BANK OF NEW YORK MELLON NULL PITTSBURGH,PA UNITED STATES OF AMERICA PITTSBURGH,PA :59: BENEFICIARY CUSTOMER /006-5525 BAYER CORPORATION USA :70: REMITTANCE INFORMATION ROYALTY PAYMENT :71A: DETAILS OF CHARGES OUR
t 3 Septembcr,2017--· .. ---+-------·69i9'-·-·~~-L 41780332- i
~. A I Total 28910 I 173118573
I No. of Bottles Sold (60's tab
1ll I July, 2017 1
pack) 429 , 11628151
i ~ ' August,-ul17 400 + i097011l
\3 September,2017 420 ~ 1n Total ==t_ 1249 I , 34867621
I Grand Total A+B i 1 176605335 '
L----~----::---:---'-----:-~----=:----:------::-::-- ·-·---· ___l. ·----The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory license
for manufacture of a product owned by M/s. Bayer Corporation and not on account of any technical or
financial collaboration. The limits of Royalty fixed under the Income Tax Act! FEMA therefort', do not
apply to this payment. This payment is being made on the orders of the Intellectual Property Appellate
Bayer Corporation 100, Bayer Road, Pittsburgh, PA 15205~9741, USA. Address for Service in India PERFEXIO LEGAL, 9655, Sector-C, Pocket9, Vasant Kunj New Delhi- 110 070.
,/1., ,> I · ~ r
J I
N a teo Pharn1a Liinitcd R<·;.;d. Off : "HTCO HOUSE, !had Nn. 2, Banjnra Hilh. l!y•'<er:!bad ,dUO:;.;
Kind Attn: Mr. Sanjay Kumar, Counsel for the Patentee
Respected Sir,
Sub: Payment of Royalty on Net Sales of Sorafenib made by the Company for the period October, 2017 to December, 2017- Reg.
Ref: 1. Order dated gth March 2012 of the Controller General of Patents, Design and Trademarks. 2. Intellectual Property Appellate Board Order No.45/2013 in OA/35/2012/PT/MUM dt.4th March, 2013
*** With reference to the above subject we would like to state the following:
We have remitted the royalty amount for October, 2017 to December, 2017 as per the Bank details
prov~ded in your letter no.SKR/ASY/Appeal dt.61" September, 2012 via electronic swift remittance on
09.01.2018. The royalty payment details are as follows:
'I ci)--Net Sal~s. of s~~af~~~t-f;;;-th~ period October, 2017 to i 20,70,99,423 i December, 2017in Rupees _,_. __ ........... - ............ ,. __ .__ --· . .... __l
I (ii) Royaltyamountas per Reference No.2 @7% (in Rupees) ! 1,44,96,960 I
.Ji}!L ... *Withholding Tax @10.506% oi1'RQYarty ... amountin-Rs~·-- ·---~~-=~·- -~==~~~=~~- 15,23,05~ (iv) Netamount of Royalty in Indian Rupee$ (ii}- (j~iL.. j ~!3~73~909 (v) ConveJsion R\'lte as on 09.01.2018 from Indian Rupees to US :
l
Dollar($) I 63.50
(vi) Royalty amount in us S ----.. -=:--=~·~ .. ]=.====:.. -i04,3ii53-
Please find enclOSed the copy of the swih details sent as per the sender's reference nO.ORMOIJ041B009BS:t6 f<om ou1 Banke< IMusind Bank to the Bank of New Yo<k, Mellon, Pitsbu>gh, PA, USA, Please a/so find enclosed the Cha~te<ed Acrouotant Cenmc"e about the P<oduor sales made during the said Period.
Kindly acknowledge the receipt of the same.
Thanking you,
Yours faithfully,
For NATCO Pharma limited
I. . \ . ~- < • -~<( '\:::+,. ,, ?~:..t"']·' ·-M.ADINARAYANA COMPANY SECRETARY & V.P.(lEGAL & CORP. AFFAIRS)
Encl: a. a.
C. C. to:
(I) !be Controller Gene~a/ of Patents, Designs and T<adema~ks - For favor of information and records. Bhoudhik Sampada Bhavan Near Antop Hill Head Post Office, S.M.Road, Antop Hill, Mumbai- 400 037.
(li) The Deputy Registrar
lnteltectttalProperty Appellate Board Annex,l, Guna Complex, II Floor 443, Anna Sa/ai, Teynampet CHENNAI- 600 018.
(iii) Bayer Corporation
·100, Bayer Road, Pittsburgh, PA 15205-9741, USA.
(iv) Ra}eshwari & Associates S-208, Lower Ground ·Floor Near lNG Vysya Bank, Panchsheel Park NEW DELHI -110017 .
THIS IS TO CERTIFY THAT, we have certified the records of MIS. NATCO PHARMA LIMITED, having its Registered Office at NATCO House, Road No.2 Banjnra Hills, Hyderabad-500 034, with reference to the Sales of the product Sorafenib under their brand name SORAFENAT
200mg Tablets 120's, SOR.<\.FENAT 200mg Tablets 60's & SORAFENAT 200mg Tablets 30's ·made by the said Company during the period of October, 2017 to December, 2017.
Based on the verification of the records, information and the explanation given by the Company. we
hereby certify that the Company has made the following sales of SORAFENAT 200mg Tab 120's,
SORAFENAT 200mg Tab 60's & SORA FEN AT 200mg Tablets 30's during the period under . review.
I Month
! '
I October, 2017
I Nt.•t Sales Mad7bYthe Company -----1 I No. of Bottles Sold (120's Tab.l 1
1 I Value in R11. l
I ~;;:: 1 _ : --r- i 64245885 i
• 8869 ----t-53885081 1
..... _, ____ ,
2 November, 2017
:3 December, 2017 --------i4o4s ss23s.ii2 1
33528 203366388 1 ~ Total I ' I I •
l
~ . October, 2017
1 No. of Botti" Sold (60'' Tab 1 - j
-t~--4o:f ______ · usJ !
--~···"-
·2
3
-433
332
1206968 i I !---------!
893221 i =iNovember,2017 -.-
1
•. ---·
December, 2017 _
f.---· . -------1----- ------·---r----· I 1168 3290128 1 . ! Total
KOWTHA&CO CHARTERED ACCOUNTANTS GSTIN : 36AAGFK 1590Fl ZE PAN NO. : AAGFK1590F SAC : 00440092
! 1. October, 20.17
i2 November! 2017 I
13 I ~ecmbcr, 201~ lc
Total
I Grand Total A+B+C
I. J. ' ..
Hyd. Branch : Plot No 7 16 7. Rd S·i. Jubilee Hills, Hyderobad- 500 033 Phone : 040-65695432 Mobile : 9849441118 Email : [email protected]
Date· ............... .
I No. ~)fBottles Soid-(30's Tab i j pack)
()
----~ 25
260 !
·t·-· .. - ... -.... _, ______ .. _ ! 285
I I
I ·--... -..
0.00!
-~ 402621 1
I --~-----------~
442907 i I
-------------------~~----2070994231 The Royalty is being paid on the value of Sales made consequent to the grant of a compulsory license tor manufacture of a product owned by M/s. Bayer Corporation and not on account of any technical or financial collaboration. The limits of Royalty fixed under the Income Tax Act I FEMA therefore, do not
apply to this payment. This payment is being made on the orders of the Intellectual Property Appellate
The Patents Rules, 2003 STATEMENT REGARDING THE WORKING OF THE PATENTED INVENTION ON
COMMERCIAL SCALE IN INDIA [Sec section 146{2) and rule 131 (l)J
In the matter of Patent No. 215758;
We, NATCO PHARMA UMITED, an Indian company registered under Indian Companies Act 1956, having register~d oftice at "Natcc Hol!se", Road No.2, Banjara Hills, Hyderabad 500 034, lndia, the licensee under Patent No.215758 hereby furnish the following statement regarding referred to above on a commercial scale in India for the Calendar year ending 2016.
(i) The Patented invention: {.J} Worked{} Not worked [Tick (.J) mark the relevant box]
(a) if not worked: reason tbr not working and steps being taken for working of the invention: NA
(b) ifworked: quantum and value (in Rupees), of the patented product: Quantum: Formulati(m (INDIA Market)- 8673180 Tahlets Value: The product has a business of around Rs.4378.52/akhsfor INDIA Market in addition 124440 Tablets were provided to 608 patients free of cost.
i) manufactured in India: Yes ii) Imported from other countries (give country wise details): NA
(ii) the licenses and sub licenses granted during the year: Nil, however, Compulsory licence was granted to Natco Pharma by the Controller General of Patents, Vide Ref.No.J/2011 dated 9th March 2012.
(iii)state whether public requirement has been met partly/adequately/to the fullest extent at reasonable price.
Public requirementz's being met at reasonable price.
The facts and matters stated above are true to the best of my/our knowledge, information and belief.
Dated this March 22, 2017
Signature .~..al.>· M.Adinarayana
Company Secretary and Vice President (Legal & Corporate Affairs) Natco Pharma Limited,
Natco House~ Road No.2, Banjara Hills, Hyderabad 500 034.
cj ·l ·i .I
··)
H)RcYJ 2"' iHI·-P,\Tl-:N!S.:\1 ]_ ;c1n
!39 OF !970! &
THE PATlXlS RULLS. :;:::rr:. ~TATF:'\IE:'<.'T REGAHDIV, TI-H: \\'ORKr..:r, or THI: i'An:YTTD
..... Petitioner Mr. Abhimanyu Bhandari with Mr. N. Sai Vinod and Ms. Roohina Dua, Advs.
..... Respondent Mr. Amit Mahajan, CGSC forUOI. Mr. Sanjoy Ghose, ASC with Ms. Urvi Mohan, Adv. forGNCTD. Ms. Pritha Srikumar with Ms. Neha Mathen, Advs. for intervener. .
HON'BLE THE ACTING CHIEF JUSTICE . HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER 10.01.2018
1. This writ petition highlights glaring non-compliance with the
provisions of the Patents Act, 1970 on the part the Controller
General of Patents. Inter alia, our attention is drawn to the scheme
of the enactment and the object of issuance of patents as is
manifested from Section 83 (b), (d) and (g) of the Patents Act,
1970 which deserves to be considered in extenso and read thus:
"83. General principles applicable to working of patented inventions.-
(a)xxx XXX XXX
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(b} that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article;
(c}xxx XXX XXX
(d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India;
(e}xxx
(f}xxx
XXX
XXX
XXX
XXX
(g) that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public. ''
2. Mr. Abhimanyu Bhandari, ld. counsel for the petitioner
submits that the grant of patents results in the patentees getting
exclusive rights over the inventions and therefore, it is imperative
that the Controller General of Patents maintains a scrutiny as to
whether the patent is being worked or not. To ensure that the
patentees have not merely acquired rights over the invention and
are actually working the same, the statutory scheme requires a
patentee to submit periodic information. In this regard, Section
146 of the Patents Act, 1970 empowers the Controller General of
Patents, Designs, Trademarks and Geographical Indications to call
for information in a format prescribed in accordance with Rule 131 of
the Patents Rules, 2003. The manner in which the information has to
be submitted has been set out in Form-27 annexed to the Patents
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Rules, 2003. Failure to comply with the statutory requirements
invites penalties and criminal action prescribed under Section 122
of the statute which includes imposition of fme as well as initiation
of criminal proceedings.
3. Our attention is drawn to several admissions to the effect
that the respondents are not ensuring compliance with the
requirements of Sectio·n 146 of the Patents Act, 1970 and, despite
failure of the patentees to conform to the requirements of Rule 131
of the Patents Rules, 2003 and Forrn-27, no action at all has been·
taken under Section 122 of the Patents Act, 1970.
4. In this regard, our attention is draWn. to the Annual Report
2012-13 submitted by the Office of the Controller General of
Patents, Designs, Trademarks and Geographical Indications. We
extract relevant portions of this Report wherein the following
disclosure is contained:
"(i) Working of Patents (Under Section 146): The Patent Office received 27946 Form-27 during the reporting year, of which 6201 were shown to be working.
2009- 2010- 2011- 2012-10 11 12 13
Patents 37334 39594 39989 43920 in force Form-27 24009 34112 27825 27946 received Reported 4189 6777 7431 6201" as working
5. A bare glance of the above would show that. despite the
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Controller General of Patents, Designs, Trademarks and
Geographical Indications having issued 43920 patents during the
year 2012-13, returns as prescribed under Form-27 has been
received only in 27946 cases; and, shockingly, the disclosure is
only of 6201 patents as being worked by the patentees.
6. The petitioner appears to have addressed a query under the
Right to Information Act, 2005 seeking information as to the action
taken against the patentees/licensees in case of non-submission of
Form-27 .. The respondents have responded to the query on
09.01.2014 stating that no action has been initiated for non
submission ofForm-27.
7. The second glaring instance of non-compliance with the
statutory scheme of the Patents Act, 1970 is highlighted by the
petitioner in respect of grant of , a compulsory licence to M/s
NATCO Pharma in relation to patent no.215758 by order dated 9th
March, 2012 in C.L.A. No.1 of 2011 under Section 84 of the
Patents Act.
It is pointed out that the order dated 91h March, 20 12
imposed an obligation on NATCO Pharma in Para 15(b) thereof, to
report accounts of sales to the Controller on a quarterly basis, on or
before the 15th of each succeeding month.
8. By the RTI query dated 19th January, 2015, the petitioner
sought inter alia information as to whether Mls NA TCO Pharma
had complied with the above condition imposed in para 15(b) ~f
the order dated 9th March, 2012. The petitioner also queried the
Controller Gen~ral of Patents, Designs, Trademarks and
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Geographical Indications regarding the action in case M/s NATCO
Pharma had failed to comply with the said requirements. . th
9. In its response dated 6 February, 2015, the Patent Office
informed the petitioner that as per its records "no details are
available".
10. Our attention is also drawn to yet another statutory non
compliance. Ld. counsel for the petitioner also points out that
Section 146(2) read with Rule 131 of the Patents Act, 1970 makes
it mandatory even upon licensees to submit Form-27 containing
information on commercial working of the patented invention.
Section 146 of the Patents Act, 1970 draws no distinction between
the original patentees ·and license holders. Thus, it has been
pointed out by the petitioner that license holders are also required
to file the same information in Form-27 as a patentee.
11. Vide the response dated 1ih March, 2014, the Controller of
Patents & Designs, CPIO has informed the petitioner to the effect
that "Form-27 are filed by Patentee only". There is certainly
substance in the objection of the petitioner that this position is
contrary to the statutory requirement.
12. Ld. counsel for the petitioner has also submitted that the
respondents are not taking any action for notional or incomplete
compliance with the provisions of Section 146 of the Act. In this
regard, an instance has ·been pointed out wherein Form-27 was
submitted by M/s Telefonaktiebolaget LM Ericsson (Pub.) in
respect of patent no.203034 of 24th August, 1999. Against the
column wherein the patentee was required to disclose information
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regarding "the licenses and sub-licenses granted during the year",
this patentee stated a8 follows:
13.
"As all the licenses are confidential in nature, the details pertaining to the same shall be provided under specific directions from the Patent Office. "
It is pointed out that so far as the grant of patents are
concerned, information in regard thereto is available on the website ·
of the Patents Office. All that the patentees submitting Form-27
are required to submit,· is the details of the licenses and sub
licenses. This information certainly cannot .be termed
"confidential" and therefore, the Patents Office has to treat such
suppression as failure to comply with the requirements of Section
146 of the Patents Act, 1970 arid to take action against the
patentees who do not furnish the required information.
14. Ms. Pritha Srikumar, Advocate for the intervener has
submitted that the petitioner has also pointed out that Form-27
itself was extremely vague and the same deserves a relook by the
respondents. Mr. Srikumar would, therefore, contend that non
compliance of such form cannot be faulted with.
15. In our view, this submission is erroneous inasmuch as there
can be no exemption from statutory compliance and that in case
any query in Form-27 could not be complied with, the person
submitting the return would be required to state so. So far as the
submission that Form-27 deserves a relook is concerned, we find
that in the counter affidavit, the official respondents have stated
that they had issued a Notification dated 26th October, 2015 for a
proposed draft amendment of the Rules by "The Patents
(Amendment) Rules, 2015". The respondel).ts have also submitted
that the· san1e included amendments to Form-27 and the same has
been posted on the official website of the Department of Industrial
Policy and ·Promotion (DIPP). The counter affidavit says that
public comments have been invited.
16. This counter affidavit was filed on 7th December, 2015. We
are not informed as to what is the fate of the public notice issued by
the respondents or amendments to the said Rules. Mr. Amit
Mahajan, ld. CGSC is unable to inform this Court as to whether the
necessary amendments have been effected to Form-27.
1 7. This writ petition has remained pending in this Court since .
2015. We also do not have any information as to whether there is
any change in the status with regard to the filing of returns under
Section 146 of the Patents Act, 1970 and whether any action taken
by the Controller Ge~eral of Patents and Designs under Section
122 of the Act.
18. Mr. Amit Mahajan, ld. CGSC prays for an adjournment to
inform this Court with regard to the status of the amendment of the
rules and the action taken under Section 122 of the Patent~ Act,