Admitting a public interest petition filed by Delhi-based NGO Jeevan Jyoti Health and Welfare Society, the Delhi High Court has asked the central government to clarify whether the product patent regime has resulted in an infringement of the fundamental right of the citizen to access life-saving drugs. The next hearing on the case is on August 22.
The petitioner had alleged that the Patents (Amendment) Act, 2005 legitimising "product patents" instead of "process patents" in medicine and drugs, seeks to infringe upon the citizens' fundamental rights to health and its corollary, the right to easy and cheap access to such medicines.
The government counsel informed the court that the amendment was made in view of its obligations under the TRIPS agreement. He also pointed out that the government has provided for compulsory licensing to tackle public health crises and emergency situations.