Kochi, September 28 (Daily Kiran) : The Kerala High Court has directed the central government to evaluate the potential use of rights granted under Section 100 of the Patent Act to improve access to expensive life-saving medications. This request comes in light of the growing concern that many essential drugs remain financially out of reach for patients.
Justice Harishankar V. Menon emphasized that while implementing this provision is ultimately a policy matter, it is crucial to consider government intervention in cases where drug prices are excessively high. Section 100 allows the central government to authorize the use of patented inventions for public purposes without the consent of the patent holder.
In this instance, the court did not mandate the government to apply this provision regarding costly breast cancer medications. Instead, it urged the government to gather data to assess affordability and consider intervention when necessary.
The case revolves around two breast cancer drugs: ribociclib, which is patented by Novartis, and another drug, palbociclib, whose patent has expired and is available at a lower price. Experts from cancer treatment institutions and the Indian drug regulatory authority have confirmed that these two medications cannot be used interchangeably.
The court noted the importance of conducting an investigation based on essential data to accurately gauge affordability. It suggested that if intervention is warranted, the central government should consider applying Section 100 not only in this case but also in other situations involving life-saving medications.
This legal action traces back to a petition filed in 2022 by a cancer patient seeking affordable access to ribociclib, which at the time was priced at approximately ₹78,468.75 per month. Although the petitioner passed away in September 2022, the High Court has decided to continue examining the case.
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