India: Bombay HC Upholds India’s First Compulsory License

  • The Bombay HC in this case has upheld the order of the IPAB, which affirmed the order of the Controller of Patents to grant Compulsory License to NATCO for Bayer's Indian patent on Sorafenib Tosyalte (Nexavar).
  • NATCO's application for Compulsory License of Patent was the first in India.
  • This case is significant as it gives certain new interpretation to the conditions that needs to be met under the Indian Patents Act, 1970 for grant of Compulsory License.
  • The Bombay HC held that in respect of medicine the adequate extent for meeting the demand of the drug has to be 100%.
  • The Bombay HC held that dual pricing can be applied to meet the requirement of the public and not for making available the drug under reasonably affordable price.
  • The Bombay HC held that the sale by the patent infringer can be taken into account to meet the reasonable requirement of the public only when the patentee has granted a defacto license i.e. has not filed a patent infringement suit against the infringer.

BACKGROUND

Bayer Corporation, USA ("Bayer") had developed Sorafenib Tosyalte ("the Drug"), marketed as Nexavar, and obtained a patent from US authorities (United States Patent Office) in 1999. The drug is a life extending drug which is used for treating patients suffering from advanced stages of kidney cancer (Renal Cell Carcinoma) and liver cancer (Hepatocellular Carcinoma).

Bayer was granted a patent for the Drug in India in March 2008. In December 6, 2010, Natco Pharma Ltd ("Natco") approached Bayer for grant of a voluntary licence. Bayer in a response dated December 27, 2010 rejected Natco's request for grant of voluntary license and requested Natco to approach within 14 days in case Natco had anything further to add. After the expiration of three years from the date of grant of the Indian patent to the Drug, Natco applied to the Controller General of Patents ("Controller") for a compulsory license under Section 84 (1) of the Patents Act 1970 ("the Act") proposing to manufacture and sell the drug at a price of Rs.8800/- per month of therapy. Bayer opposed this application on various grounds, however in March 2012, the Controller granted the first Compulsory License to Nacto to manufacture and sell the drug. A detailed analysis of Compulsory license provision under the Act and the analysis of Controller's order is available in our IP Lab here.

Thereafter, Bayer filed an appeal challenging the order of the Controller before the Intellectual Property Appellate Board ("IPAB"). The IPAB, in March 2013, dismissed the appeal and upheld the decision of the Controller. In the order IPAB raised the rate of royalty to be paid by Natco to Bayer from 6% to 7 %. A detailed analysis of the IPAB's order is given in our hotline here.

Bayer challenged IPAB's order before the High Court of Bombay ("HC") by way of a writ petition. The HC examined the relevant provisions of the Act and upheld IPAB's Order.

ISSUES BEFORE THE HIGH COURT

a. Voluntary License

As per the Act, two conditions are required to be satisfied before an application for Compulsory Licence ("CL") is considered by the Controller.

  • An application for CL can be made only after the expiry of three years from the date of grant of Patent.
  • The applicant should make efforts to obtain a license ("Voluntary License") from the patentee on reasonable terms and conditions.

The first condition was satisfied. With regard to the condition of voluntary licence, Bayer argued that Natco did not make bonafide efforts to obtain a voluntary license as Natco failed to approach again after the communication dated December 27, 2010.

The HC was of the view that Bayer had clearly declined the request for license and no purpose would have been served by Bayer's vague statement in response that requested Natco to approach within 14 days in case Natco had anything further to add. The request made by Bayer only stated that Natco may revert in case they had anything to add to the application of voluntary license already made. The HC held that Natco has satisfied the second condition precedent to application for compulsory license.

b. Reasonable Requirements of Public

Bayer contended that the onus is on Natco to establish that the reasonable requirement of the public has not been satisfied by Bayer. The HC accepted this position. Bayer contended that-

  • Natco had failed to establish that the reasonable requirements of the public have not been satisfied;
  • it was not possible to determine this without determining the number of patients requiring the Drug;
  • the Drug is for treatment of persons in the final stages of the diseases and it is not required that every patient suffering from kidney cancer and liver cancer is required to consume the drug. The doctor has the option of adopting other measures rather than prescribing the drug.

The HC noted that reasonable requirement of the public cannot be met on a mathematical basis and it can only be determined based on the evidences produced. The HC noted the Controller's observation of the figures provided in GLOBOCAN 2008 and the affidavit of Dr Manish Garg who was the Country Medical Director of Bayer at the relevant time. According to the affidavit an aggregate of 8842 patients suffering from kidney cancer and liver cancer would require the drug. However, Bayer had sold only 593 boxes of the drug which was sufficient only for 200 patients.

Bayer contented that the sales made by Cipla Limited ("Cipla"), who were producing the patented drug, infringing the rights of the patent holder should also be taken into account while considering the total quantum of the patented drug made available in India.

However, the HC was of the view that the quantity manufactured by Cipla could not be taken into account. This view was taken due to the pending patent infringement suit between Cipla and Bayer at the Delhi High Court and the possibility that the production by Cipla could be stopped any day if an Injunction order is passed. The HC held that Cipla's goods can be taken into account only when Bayer accepts the participation of Cipla and in essence grants a defacto license to Cipla.

The HC also noted the Controller's observation that even if the drug supplied by Cipla was added to Bayer's supply the aggregate will still not be sufficient to meet the reasonable requirement of the patients as, Cipla had supplied only 4686 packets of drug.

Further, the HC also held that Bayer did not consider Cipla' sale while filing Form 27.1

The HC also provided an interpretation to the words "adequate extent" given in Section 84(7). The HC was of the view that the aspect of adequate extent will vary depending on the type of patented product. The HC held that in respect of medicine the adequate extent has to be 100% and the medicine should be made available to every patient. The rights given to a patentee cannot deprive any patient from satisfying their need for the medicine.

c. Reasonably Affordable Price

Bayer argued that prior to determining whether the drug was available to the public at reasonably affordable price, it was important to first determine what can be construed as reasonable affordable price in relation to the drug. The HC was of the view that the Act does not bestow any investigative powers on the Controller. The Controller can only ensure that patented article is available at reasonably affordable price based on the relative price offered by the patentee and the applicant. The HC held that Bayer was not selling the drug at reasonably affordable price since Natco was offering the drug at Rs 8,800 per month of therapy as compared to Bayer's price of Rs 2,84,000 per month of therapy. This shows that the reasonably affordable price is that of Natco and not Bayer.

Bayer further argued that "reasonably affordable price" should not be seen from the perspective of the users alone but from the perspective of the inventor also. The inventor spends considerable expenditure in developing a drug, conducting its trials and launching it in the market. Many molecules developed incurring huge expenditure cannot be marketed at all. Cost incurred for research regarding such failed molecules also has to be recovered from those molecules which are finally launched for public use. Such cost factors have not been taken into account by the Controller while determining the reasonably affordable price. Bayer also submitted affidavits of Mr. Dintar, Head of Global Drugs Discovery Operations at Bayer before the Controller which stated that Bayer had invested about Rs 114 billion in the year 2010 towards research and development activities. In response Natco had filed an affidavit of Mr James Love stating that the amount spent on research by Bayer from 1994 to 2004 was recovered by Bayer one year.

The HC further noted that Bayer did not submit its own books of accounts to show the expenses incurred in development of the specific patented drug and the money already realized by sale of the patented drug worldwide. Bayer also refused to produce its Balance Sheet asked for by the Controller. The HC was of the view that, if the book of accounts and Balance Sheet were produced it could have aided in determining the reasonable price at which Bayer could have made the drug available to the public. Further, the HC also observed that that 50% of the cost had already been reimbursed by the US government since the drug had been classified as an orphan drug2.

The next contention put forward by Bayer was that patients are from different economic strata with varying capacity for paying the cost of the drug. Bayer had already put in place a Patient Assistant Program ("PAP") under which needy patients as recommended by doctors were given free tablets for one full month if they bought medicines for three days' use.

The HC held that under the PAP programme patented drugs were being made available only to patients who are recommended by the doctor. Further, the patients who fall under PAP can avail the special price solely at Bayer's discretion. The special price is not available in ordinary course to every patient. Thus, this cannot be taken into consideration while determining "reasonably affordable price".

The HC further held that the concept of dual pricing would be sufficient to comply with reasonable requirement of the public and not under reasonably affordable price. The HC took this view after placing reliance on Section 84(7) of the Act which provides for factors for satisfying the reasonable requirement of the public. Section 84(7)(a)(ii) necessitates that the patented article be available to an adequate extent or on reasonable terms. The HC held that the term "reasonable terms" refers to cases where the medicine is made available to economically backward patient through adoption of special prices.

d. Not Worked in the Territory of India

This has been the most important point in dispute. While the Controller was of the view that the patented product will be considered to be worked in India only if the patentee manufactures the patented product in India within reasonable time, the IPAB held that this issue should be considered on a case to case basis and the same approach cannot be adopted for all patented products and import of a patented product can also be considered as working the patent in the territory of India.

Bayer drew attention to Article 27 of the TRIPS which provides that there would be no discrimination in respect of patented product whether legally manufactured or imported. The same view is also apparent from Form 27 prescribed under the Act and the Patent Rules. Patentee has to file a statement in Form 27 with the Controller regarding the working of the patent in India. In the aforesaid form the patentee while giving details of working of patented drug in India, has to make declaration of working in India of the patented product under two classifications namely manufacture in India and imported from other countries.

The HC observed that working a patented invention in the territory of India has to be considered by reading Section 83 of the Act which provides for legislative guidelines to predict the meaning of the words "worked in the territory of India". The HC focussed on the following provision of Section 83:

(b) the patent is not granted to enable the Patentee to enjoy a monopoly for the importation of the patented article;

(c) the technological knowledge must be transferred and disseminated to the mutual advantage of producers and users of technological knowledge;

(f) the patent right should not be abused by the patentee by indulging in activities that unreasonably restrain trade or adversely affect the international transfer of technology.

Reading the above guidelines, the HC was of the view that the patentee is required to make some efforts to manufacture the patented product within the territory of India and user of the technological knowledge included patients who consumed the patented drug. Having said that the HC agreed with the view of IPAB that the matter should be considered on case to case basis and manufacture in India is not the sole method of working a patent in India. A patent can be worked in India by importing the patented article in adequate quantity and supplying it. However, working by import can be accepted only after the patentee provides satisfying reasons for not manufacturing the patented product in India.

CONCLUSION

The observations of the HC are summarised below:

Reasonable requirement of the public:

  • This cannot be calculated on a mathematical basis and it can only be determined based on the evidences produced by both parties.
  • The aspect of "adequate extent" for meeting the demand of the patented article will vary depending on the type of patented product. In respect of medicine the adequate extent has to be 100% of the requirement. The patented drug should be made available to every patient.
  • The concept of dual pricing will help in satisfying reasonable requirement of the public and not for making available the drug under reasonably affordable price.

Reasonably affordable price:

  • The Act does not bestow any investigative powers on the Controller. The Controller can only ensure that patented article is available at reasonably affordable price based on the relative price offered by the patentee and the applicant.
  • The investment made by the patentee in developing the patented drug can be taken into account while determining whether the patented drug is available at reasonably affordable price, based on the evidence adduced by the patentee.

Use by the infringer: The sale by the patent infringer can be taken into account to meet the reasonable requirement of the public only when the patentee has granted a defacto license i.e. has not filed a patent infringement suit against the infringer.

Use by importation: A patent can be worked in India by importing the patented article in adequate quantity and supplying it. However, working by import can be accepted only after the patentee provides satisfactory reasons for not manufacturing the patented product in India.

The above observations will have a bearing on subsequent applications for CL.

ANALYSIS

Importantly this case demonstrates that out rightly rejecting an application for a voluntary license of a patent by the patentee might not be the most prudent way of addressing a potential compulsory licensing application by the same voluntary licensing applicant. It should be kept in mind that the Act does envisage under Section 84 (6) of the Act that the Controller needs to look into the below factors

  • the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention;
  • the ability of the applicant to work the invention to the public advantage;
  • the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted;
  • as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit: PROVIDED that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non-commercial use or on establishment of a ground of anti-competitive practices adopted by the patentee,

A patentee while responding to a request for a voluntary license to put forward queries to the applicant in relation to the applicant's ability to manufacture the patented drug to the advantage of the public, the capital capacity of the applicant to undertake the process of manufacturing of the patented drug etc. In case the voluntary licensing applicant responds to the queries it would be clear that the voluntary license applicant is a serious applicant and based on the response a call could be taken by the patentee, whether further negotiations can be carried put on terms and conditions to grant a voluntary license from the patentee. In case the voluntary license applicant fails to respond it proves that the applicant has not made any credible attempt to obtain the voluntary license.

Another important outcome of this order is while reaffirming the position of the IPAB, the HC held that in case a patented product is not manufactured in India but is wholly imported, it cannot be said that the patented product is 'not worked in India'. Though the court observed manufacturing in India is not necessary, but the burden is on the patentee to show the reasons behind the inability to manufacture the product in India. The reason may also include delay in obtaining regulatory permission for manufacturing the patented product in India. However, "not worked in India" will be determined on a case to case basis and the court has not provided any specific guidelines. It would be advisable to consider manufacturing on loan license basis in India, in case the Patentee does not have manufacturing facilities in India.

Another important takeaway from the order can be the application of dual pricing to meet the reasonable requirement of the public. Thus different prices for the same product can be offered to meet the requirement of patients who are from different economic strata with varying capacity for paying the cost of the drug. However, practically this may be difficult to achieve.

The HC has not dealt in detail regarding what can be construed as reasonably affordable price. The HC just observed that if the book of accounts and Balance Sheet were produced to determine the expenses and reimbursement it could have aided in determining the reasonable price at which Bayer could have made the drug available to the public. However, this could create a problem since the price considered reasonable to the patentee might not considered as reasonable to the authorities even after looking at the book of accounts. This is still a question entirely based on facts that needs to be resolved.

The decision has also opened a plethora of questions. First question is in relation to the grant of de facto license to the infringer by the patent. According to the decision the de facto license will be considered to be given when the patentee has not filed a patent infringement suit against the infringer. This leads to the question, whether the patentee should sue or not sue the infringers? If the patentee sues, the product manufactured by the infringers will not be taken into consideration for the purpose of meeting the reasonable requirement of the public. If the patentee does not sue, it will be considered that the patentee has given a de facto license to the infringer to manufacture the patented product. Even if the patentee sues, there is no certainty that an interim injunction will be granted. This leads to a precarious situation, where there is no injunction and the infringing sales affect the business plan of the patentee.

Further, the HC has held that in relation to the interpretation of "adequate extent" for medicines the adequate extent has to be 100% and the medicine should be made available to every patient.. What is an "adequate extent" should ideally be decided on a case to case basis. The number of patients in need of the drug will vary from case to case. Various factors such as :

  • The alternative drugs or therapies available for the treatment of the disease,
  • The possibility that the doctor would not prescribe the patented drug,
  • The graveness of the disease intended to be treated using the patented drugs.

will have to be considered before arriving on the number of patients that need the patented drug. Both the applicant for the compulsory license and the patentee will have to lead evidence i.e. data on this point and based on the evidence produced by the parties the Controller will have to analyse the data to determine the number of patients that need the patented drug. This process will get complicated as there will be substantial contention between the parties on the methodology and the factors to be considered in determining the number of patients needing the patented drug.

Further, Section 84 (7) (iii) does not give such a strict interpretation, that is the reason why it states an "adequate extent" and not "full extent".

This order may raise serious concerns to patent holders, especially of drugs. Striking a balance between the rights of the patent holder and the users of the patented product is always difficult and it is all the more difficult in the case of drugs wherein a humanitarian approach takes precedence over commercial approach. However it may be too early to come to such conclusion since this is the first ever compulsory license and also considering various facts specific to the case.

Footnotes

1 Form 27 is required to be filed by the Patentee providing information related the extent of use of the patented invention and reasons if any for non-use. For more details on Form 27 filings please refer to our Hotline at this link.

An orphan drug refers to a drug which is intended to treat or prevent a rare disease.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Ajay Chandru
 
In association with
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions