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Kerala High Court Rules Centre Can Override Patents for Affordable Medicine

· India · The Hindu, NDTV

The Kerala High Court ruled on September 28, 2026, that the Central government has the authority to use a medicine’s patent to manufacture and distribute it on a non-commercial basis. Justice Harisankar V. Menon stated that the Centre should invoke provisions under the Patents Act, 1970, when patented drugs are sold at exorbitant prices. The court emphasized that the government must ensure citizen access to life-saving treatments, particularly for underprivileged patients. The ruling followed a petition from a breast cancer patient who struggled to afford the drug Ribociclib, which cost approximately ₹75,000 per month. Pharmaceutical companies had argued against the petition, citing the availability of a cheaper alternative, Palbociclib, in the market.

Why it matters

This ruling empowers the government to intervene in drug pricing, potentially increasing access to expensive life-saving medications for low-income patients across India.

Read the original report — The Hindu

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