In a two-part exploration, the challenges of access to patented medicines in India are discussed, focusing on legislative mechanisms that have become dormant.
Access to Patented Medicines in India: A Critical Analysis
Rishabh Upadhyay has authored a two-part series exploring the realities faced in improving access to patented medicines in India, focusing on the application—or lack thereof—of Sections 92 and 100 of the Indian Patents Act. This analysis highlights the profound challenges surrounding access to healthcare innovations against the backdrop of ongoing litigation concerning Ribociclib procurement.
The series posits that the reluctance to utilize these legislative tools reflects not merely a passive governmental stance but a deeper systemic challenge in infrastructural accessibility. The implications of this dormant approach raise questions about the political will and operational capacity necessary to facilitate public health solutions in India.
In the first part, Upadhyay discusses the legal mechanisms available but often overlooked when addressing public health needs. The second part will explore how procurement models must evolve to address the on-ground realities faced by patients who require access to critical medicines.
Legal professionals engaged in health law and policy should reflect on these insights, as they challenge existing paradigms regarding patent law and access to medicines. Advocacy for active engagement with these sections could catalyze significant changes to improve healthcare outcomes in India.
