Centre can intervene on high-priced patented drugs: Kerala HC

The Kerala High Court has ruled that the Central government can exercise its powers to manufacture and distribute patented medicines to the public, particularly underprivileged patients, on a non-commercial basis when prices become prohibitively high.

The court's observation indicates that patent protections need not prevent government intervention in ensuring access to essential medicines at affordable rates. The judgment suggests that authorities possess legal grounds to step in when patented drugs are sold at exorbitant prices that place them beyond the reach of ordinary citizens.

The ruling underscores the tension between intellectual property rights and public health interests in India. While patents incentivise pharmaceutical innovation, the court's position acknowledges the state's responsibility to ensure that patent protections do not create barriers to life-saving treatments for economically disadvantaged populations.

The judgment provides legal backing for potential government action through compulsory licensing or direct manufacturing of patented medicines under specified circumstances. This aligns with provisions in India's Patent Act that allow such measures when public health is at stake.

The ruling is expected to inform future policy decisions on drug pricing and may encourage the Centre to explore mechanisms for making expensive patented medicines more accessible to patients across the country.