Lawstreet Journal

“Government should enable vaccine manufacturers to produce vaccines.”: PIL in Kerala HC seeks compulsory licensing of COVID vaccines

Lawstreet Journal 14 May 2021 10:16pm

Image courtesy: Lawstreet Journal Judiciary “Government should enable vaccine manufacturers to produce vaccines.”: PIL in Kerala HC seeks compulsory licensing of COVID vaccines

The Kerala Government seeks the response of the Central Government on a plea that prays for the compulsory licensing of vaccines to allow capable manufacturers to produce the vaccine, while considering the second wave of infections.

It was heard by the Division bench of the HC consisting of Justices Raja Vijayaraghavan and Mr Anitha.

The petition was filed by a lawyer Advocate Gopakumar GK, through Advocates Abdul Raoof P, KR Avinash and Raj Carolin V. 

The petition stated that the country is in dire need of vaccines and is facing an acute shortage. This is a result of vaccine manufacturers being unable to produce the vaccine. Due to this, the petition states that the capable Indian companies should be allowed to manufacture the vaccine by invoking compulsory licensing. This has been approved by WTO.

The petition thereby sought the following:

  • A declaration that mandatory licensing is permissible for vaccines and medicines for the treatment of COVID-19 in India due to the surge in cases.
  • Guidelines to the respondents to issue a compulsory license or grant permission to pharmaceutical companies to manufacture the covid-19 vaccine in the given time period, overriding intellectual property legislations and international commitments.


In the petition, Adv Gopakumar pointed out that countries are free to issue compulsory warrant during emergencies with the liberty of deciding what an emergency is.  India’s IPR demands compulsory licensing under the Patents Act, 1970, the petition asserts, provided the patent owner is suitably compensated.

The petition referred to the Patents Act and started that the upsurge in the cases fall… Continue Reading...

Tagged: Corona Updates   kerala high court  
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