The Supreme Court on Monday issued notices to the central government and Union health ministry on a petition challenging the Patent Amendment Act granting product patents and alleging that this would result in hike in the price of essential medicines.
A Bench comprising Justice Arijit Pasayat and Justice C K Thakker issued the notices on a petition filed by an NGO 'People's Livelihood Development Trust.'
It said prior to the 2002 amendment to the Patents Act, 1970, the prices of essential and life saving medicines in India were 10 to 20 times cheaper as compared to other countries.
"India made tremendous progress under the Patents Act, 1970 in the field of Pharmaceutical products and safeguarded its national interest, but some western countries led by US were worried that such patents law of various countries would curtail the profitability of foreign patents," it alleged.
Seeking quashing of the 2002 Amendment to the Patent Act, the petitioner argued that India being home to a huge population where incidences of serious diseases were common, it was the duty of the government to safeguard the national interest and provide life saving drugs at a cheaper price.
"Because a product patent creates a monopoly, it would restrict availability of life saving drugs as the prices of such medicines would record a sharp increase," it alleged.
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