Title: SMT.X v. UNION OF INDIA &. Ors.
Citation: WP(C) NO. 18999 OF 2022 (Y)
Decided on: 02.11.2023
Coram: Justice Devan Ramachandran
Introduction
The petitioner in this case is requesting that the Government of India take action in accordance with Section 100 of The Patent Act, 1970. The Court directed the competent authority of the Government of India to inform the Court about the best alternative available for breast cancer patients in India in terms of treatment medicines and whether it has been included in specific healthcare schemes.
Facts of the case
The petitioner in this case is requesting that the Government of India take action in accordance with Section 100 of The Patent Act, 1970. The court intends to address this request now because it’s common knowledge that the government typically involves itself within specific circumstances and particularly during medical emergencies.
Court’s observation and analysis
In this case, the Court expressed the view that it’s crucial to consider the Government of India’s opinion regarding whether the medicines in question can be provided to the less privileged sections through alternative means. While in an ideal world, all patients should have affordable access to these medicines, the reality is different. There’s a significant gap in the financial capacity of patients in our country, and many may require support from the government or other agencies to afford these medications.
The Court also directed the competent authority of the Government of India to inform the Court about the best alternative available for breast cancer patients in India in terms of treatment medicines and whether it has been included in specific healthcare schemes.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Amrita Rout
