A retired bank employee suffering from breast cancer approached the Kerala High Court
GS2Polity · Governance · IR· Health policy & public health· Mains·
IPR vs Right to Health: a critical GS2 and Ethics case study on public health policy.
Why in news
The Kerala High Court ruled that the central government can manufacture or authorize production of patented life-saving medicines at non-commercial rates for needy patients under the Patents Act, 1970.
Background
A retired bank employee seeking affordable access to Ribociclib (a breast cancer drug) approached the Kerala High Court. Justice Harisankar V Menon ruled that Section 100 of the Patents Act, 1970, allows the government to authorize production of patented medicines at non-commercial rates.
Facts for Prelims
- Act / BillSection 100 of the Patents Act, 1970: Empowers the government to authorize the production of patented medicines at non-commercial rates for needy patients.
- PostJustice Harisankar V Menon: Presiding judge of the Kerala High Court in the ruling regarding Ribociclib.
- FactRibociclib: A patented life-saving medicine used in the treatment of breast cancer.
Prelims practice question
Which section of the Patents Act, 1970 empowers the government to authorize the production of patented medicines at non-commercial rates?
- (a)Section 150
- (b)Section 200
- (c)Section 50
- (d)Section 100
Show answer
Answer: (d) Section 100 — Section 100 of the Patents Act, 1970 allows the government to authorize production of patented medicines at non-commercial rates for needy patients.
For Mains
Q. Discuss the balance between protecting intellectual property rights and ensuring the right to health for marginalized populations in India.
Dimensions to cover in your answer
- IPR vs. Right to Life: Conflict between patent protections for pharmaceutical firms and constitutional guarantees to affordable healthcare.
- Regulatory bottleneck: Delays in manufacturing authorization and lack of comprehensive data on medicine affordability and subsidy coverage.
Keywords: Intellectual Property Rights · Right to Health · Patents Act 1970 · Public Health Policy · Affordability
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