India’s Options for Improving Affordable Access to Lifesaving Patented Medicines

Abstract

On the lines of the cautionary observation made by the Hon’ble Supreme Court in Para 156 of the Lordships’ order on Gleevec¹, the ongoing patent litigations in India seem to be equalling or crossing the cost estimates of US patent litigations. Doha Declaration has not made affordable access to lifesaving medicines on expected lines. Exemptions and legal provisions enshrined in the Patents Act, 1970 (such as compulsory licence and regulatory exemptions) are also being denied and delayed through protracted litigations burdening the Indian pharma SME sector. Provisions of Section 107A(a) of the Patents Act,1970 are also being ignored by the Indian judiciary. It is, therefore, desirable to look at and evaluate options available to India for improving and facilitating affordable access to lifesaving medicines within the Indian patent legal system. Such options are discussed in this paper.