The Kerala High Court ruled on government use of patented inventions under Section 100 of the Patents Act in the context of access to Ribociclib, a cancer drug. The order balances public health needs with patent rights, amid evolving pricing and enforcement policies.
Kerala HC Addresses Government Use of Patented Drug Under Section 100
The Kerala High Court recently delivered a significant order concerning the government's use of a patented cancer drug, Ribociclib, under Section 100 of the Patents Act, 1970. The ruling emerges amid growing scrutiny over access to life-saving medicines and intersects with broader debates on drug pricing, patent enforcement, and public health policy.
The Court examined the scope of Section 100, which permits use of a patented invention by or on behalf of the government without the patentee's consent in certain circumstances, particularly where public health is at stake. While the specific facts involved procurement and distribution of Ribociclib through government hospitals, the judgment acknowledged the statutory duty to ensure access while respecting intellectual property rights.
The balance between innovation incentives and access to medicine must tilt in favour of life and health when a public health emergency is demonstrable, the Court remarked.
With multiple litigations pending over Ribociclib’s patent status and pricing mechanisms, this decision adds judicial weight to executive efforts in managing drug supply. For practitioners, the ruling signals that courts may uphold government actions under Section 100 if supported by transparent procurement and equitable pricing frameworks. The reference to cinematic analogies in the judgment's epilogue underscores the narrative power of IP in public discourse.
Citations
- Government use case involving Ribociclib, 2026
