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Kerala HC Slams Big Pharma: Centre Must Step In as Patented Medicines Sold at Exorbitant Rates

The Kerala High Court has ruled that the Central government should intervene when patented medicines are sold at exorbitant rates, and can use a medicine's patent to manufacture and sell it to the public, including underprivileged patients, on a non-commercial basis. The court held that this power can be exercised to ensure access to essential medicines.

The Kerala High Court on [date] ruled that the Central government should intervene when patented medicines are sold at exorbitant rates, holding that the government can use a medicine's patent to manufacture and sell it to the public, including underprivileged patients, on a non-commercial basis. The court's observation came during a hearing on a petition concerning access to affordable medicines.

The court emphasized that the government has the authority under patent law to step in when patented drugs are priced beyond the reach of common people. It noted that the patent system should not become a tool to deny access to life-saving medicines. The ruling highlights the ongoing tension between intellectual property rights and public health imperatives, especially in developing countries like India where out-of-pocket healthcare expenses push many into poverty.

This ruling could have significant implications for India's pharmaceutical landscape, potentially paving the way for greater government intervention in drug pricing and compulsory licensing. It may also influence global debates on balancing innovation incentives with access to medicines. The Central government is yet to respond to the court's observations, and it remains to be seen how this will translate into policy action.

Original Source: The Hindu National

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