Natco’s application is still in its infancy, but sources say it may not be a good idea to fully use the compulsory license (the provisions available in the WTO’s TRIPS Agreement).
While it has been proposed to use the tools of the two drugs used, remdesivir and tocilizumab, government sources will invoke a mandatory license clause given that the active ingredient (API) is not available domestically. He said that it makes little sense. A government source said, “We can’t solve the purpose because we also need basic chemicals.”
Under Indian patent law, mitigation can be given in half a dozen situations. Natco is used in the more controversial Section 92, where the Center invokes a mandatory license clause in the event of a national emergency, extreme emergency, or public non-commercial use. Allows you to.
Almost 10 years ago, the use of a clause waiving Bayer’s right to anticancer drugs caused considerable controversy as the United States expressed its dissatisfaction. For years, the Ministry of Commerce and Industry has resisted pressure from the Ministry of Health to use this clause, claiming it to be used in the rarest cases. Authorities said this would also take time.
Former Prime Minister Manmohan Singh recently pointed out the possibility of using compulsory licenses and other flexibility under patent law to increase vaccine production.
There are other simpler provisions as well. For example, Article 47 allows the government to import patented medicines for their use or use in hospitals and clinics. This is not considered a controversial use. Similarly, under Article 100, you have the right to use a particular invention before the patent is granted or even after the inventor has been granted the right.
The government has the authority to use compulsory licenses as a tool, according to sources, but negotiations are expected to begin shortly, especially if WTO member states such as the European Union support their use. The TRIPS exemption period will be prioritized.
Government does not rush to grant “compulsory license”, Health News, ET HealthWorld
Source link Government does not rush to grant “compulsory license”, Health News, ET HealthWorld