Patent rights and public health: What are Bharat’s options?, Pg13

Key Highlights:

• Section 47(4) of the Patents Act allows the government to import patented drugs without the patentee's consent for use in government-run or supported medical facilities.
• Section 66 of the Patents Act grants the central government the power to revoke a patent in the public interest if it is deemed mischievous or prejudicial.
• Section 92A of the Patents Act enables Indian generic drug manufacturers to obtain compulsory licenses for exporting patented drugs to countries with insufficient pharmaceutical manufacturing capabilities, like those in Africa.
• Section 102 allows the central government to acquire a patent for public purposes, compensating the patent holder through mutual agreement or court determination.

Detailed Insights:

• The article emphasizes balancing Intellectual Property Rights (IPRs) enforcement with public health obligations under the TRIPS agreement, allowing Bharat to protect its national interest.
• Evergreening, the practice of extending patent protection by making minor modifications to existing drugs without enhancing therapeutic efficacy, should be prevented to avoid anti-competitive market outcomes.
• Bharat can leverage Section 47(4) to ensure the availability of patented oncology drugs, especially in rural areas lacking quality private healthcare.
• The central government can use Section 66 to direct the Patent Office to identify and examine patents in critical areas like public health and agriculture for potential evergreening or abusive enforcement.
• Section 92A allows Bharat to serve as a pharmacy for the Global South, particularly African nations, by issuing compulsory licenses to generic manufacturers for export.
• The government can utilize Section 102 for acquiring patents for public purposes, ensuring access to essential inventions.
• Abusive patentees can be prosecuted under the Competition Act 2002 for abusing their dominant market position.
• The article advocates for the creation of detailed patent policies within public health frameworks to address patent abuse and protect public interests.

Key Concepts Involved:

• TRIPS Agreement: An international agreement on intellectual property rights.
• Evergreening: Extending patent protection by making minor modifications to existing drugs without enhancing therapeutic efficacy.
• Compulsory License: Authorization granted by a government to use a patented invention without the patent owner's consent.