Patents On Life-Saving Drugs: Kerala High Court Directs Union Health Ministry And Department Of Pharmaceuticals To File Response
Live LawTaking serious note of the unaffordability of a life-saving patented medicine for breast cancer, the Kerala High Court on Thursday directed a competent officer of the union health ministry and the department of pharmaceuticals to file their response on the issue within a month.The Court issued the direction after noting that the matter had to be taken up at the higher level.Justice V.G. Taking serious note of the unaffordability of a life-saving patented medicine for breast cancer, the Kerala High Court on Thursday directed a competent officer of the union health ministry and the department of pharmaceuticals to file their response on the issue within a month. Advocate Maitreyi Sachidananda Hegde, the amicus curiae, submitted that the the authority to take decision under Section 92 or Section 100 of the Patent Act ought to be of the Joint Secretary level as the Assistant Patent Officer could not decide whether the issue falls within the government realm or not. On September 16, 2022, the Court had taken suo motu cognizance of the issue of unaffordability of patented life-saving medicines, in light of the death of the petitioner who had espoused this cause having not been able to afford the Ribociclib drug for treatment of her breast cancer.
History of this topic
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