NHRC notice on ‘go-slow’ promise

The National Human Rights Commission has issued notices to the commerce and health ministries over reports that India has reassured the US-India Business Council to take a restrained approach in handing out licences to produce cheaper versions of drugs patented with the American firms. 

• Taking cognisance of the issue through media reports, the commission has observed that the step will deny the people of India access to generic medicines at affordable prices. 

Background:

The NHRC notice comes after reports that came in March that the United States-India Business Council (USIBC) had been verbally assured that India’s patent offices would take a restrained approach in handing out licences to produce cheaper, generic versions of drugs patented by American companies. It had also been reported that at least two applications for CLs to domestically produce generic versions of drugs patented in the U.S. were rejected in India last year.

• The USTR has placed India on its “priority watch list” for two years now, saying its patent laws favour the local drug industry in an unfair manner. 

Way ahead:

The Commission has sought reports within two weeks from the Ministry of Commerce and Industry as well as of Health. In the notice, the NHRC states that the reported verbal assurances raise questions on issues that impinge on the right to health of citizens in India. 

• The notice points out that if the government, by invoking the provisions of the Indian Patents Act, grants CLs to manufacture particular drugs, that would increase access to affordable generic versions of the same drugs, bringing solace to thousands.
• The commission has also observed that providing an affordable healthcare system is a basic and bounden duty of any government.

 All about Compulsory licenses:

Compulsory licenses are generally defined as “authorizations permitting a third party to make, use, or sell a patented invention without the patent owner’s consent.” 

• Under Indian Patent Act, 1970, the provision with regard to compulsory licensing is specifically given under Chapter XVI. The conditions which need to be fulfilled in order for a compulsory licence to be granted are also laid down under Sections 84 and 92 of the Act.
• Under Section 84 (1) of the Indian Patent Act, any person may request a compulsory license if, after three years from the date of the grant of a patent, the needs of the public to be covered by the invention have not been satisfied; the invention is not available to the public at an affordable price; or the patented invention is not “worked in,” or manufactured in the country, to the fullest extent possible.