Lawstreet Journal

“Exercising power under Patent Act over Covid can be counter productive" : Centre tells Supreme Court

Lawstreet Journal 12 May 2021 9:23pm

Image courtesy: Lawstreet Journal Executive “Exercising power under Patent Act over Covid can be counter productive" : Centre tells Supreme Court

In the present process of exercising powers under the Patents Act, 1970,  the Center told the Supreme Court of its disadvantage with respect to vaccines and medicines COVID-19. 

The Central Government announced that diplomatic negotiations with other countries over vaccines and pharmaceutical drugs were ongoing. 

According to the affidavit the exercise of legal powers under the patent law 1970 and the Doha declaration can only be counterproductive, as the Trips Agreement states. 

The central government is aggressively working with global organisations on an international level to find a solution that is in India's best interests.

The Centre's submission was in reaction to the Supreme Court's questions on the use of Patents Act rights over COVID products and medicines.

A bench of Justices DY Chandrachud, L Nageswara Rao, and S Ravindra Bhat questioned the Centre on why it was not exploring alternatives. The bench inquired into the use of Sections 92 or 100 of the Patents Act to enable the manufacturing of generic drugs in the case of Remdesivir, Tolicizumab, and other drugs.

Section 92 of the Patents Act is a special clause that allows the Central Government to grant mandatory licences for the manufacturing of licenced products in the event of a public health emergency. The Patents Act, Section 100, allows the Central Government to use patented inventions for government purposes.

The bench determined that since COVID-19 was a public health emergency, the case justified the use of certain emergency powers to increase the supply and accessibility of drugs.

According to the Central Government, the supply of raw… Continue Reading...


Tagged: Supreme Court of India   Patent Act  
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