The Kerala High Court ruled on government use of a patented cancer drug under Section 100 of the Patents Act, balancing public health needs against patent rights. The decision emphasizes procedural fairness and transparency in compulsory licensing contexts.
Kerala HC on Government Use of Patented Invention Under Section 100
In a significant development for public health and intellectual property law, the Kerala High Court recently interpreted Section 100 of the Patents Act, 1970, concerning government use of patented inventions. The case arose from the state government's utilization of Ribociclib, a patented cancer drug, for public healthcare delivery. The court examined whether such use, without the patent holder’s consent, complied with statutory safeguards and constitutional principles of equity.
The court reaffirmed that Section 100 permits the government to use any patented invention for its purposes, including public health programs, provided adequate compensation is paid and due process followed.
The power under Section 100 is not a license to disregard patent rights, but a mechanism to reconcile public interest with private exclusivity,observed the bench. The judgment emphasized procedural rigor, mandating prior notice, opportunity to be heard, and transparent determination of royalty rates.
For practitioners, this ruling underscores the need for robust administrative frameworks when invoking government use provisions. It also signals judicial willingness to engage with complex intersections of patent policy, drug pricing, and access to medicine—especially relevant amid ongoing debates over the EU-India Free Trade Agreement. Future challenges may test how uniformly courts apply these safeguards across jurisdictions.
Citations
- Patents Act, 1970, Section 100
