Have you considered compulsory licensing of Covid vaccines under Patents Act: SC to Centre

The Supreme Court on Friday began hearing on the COVID19 suo moto case on issues pertaining to oxygen supply, drug supply and vaccine policy in relation to the COVID-19 pandemic.

New Delhi: The Supreme Court on Friday began hearing the COVID19 suo moto case on issues pertaining to oxygen supply, drug supply, and vaccine policy in relation to the COVID-19 pandemic. A bench headed by Justice DY Chandrachud heard a plea seeking oxygen cylinders, essential medicines, and extra medical staff to Maharashtra hospitals by the Central government, adding if the Centre has considered using the powers under Section 92 of Patents Act for compulsory licensing of the COVID vaccines.

The Apex Court also heard a PIL which was filed demanding an independent judicial inquiry into the Nashik oxygen leak case which claimed 24 lives.

It is known that the Supreme Court on April 22 took a suo moto cognizance of the "alarming situation" in connection with various health emergencies including oxygen shortage, during the COVID-19 pandemic, and issued notice to the Centre seeking a response on kinds of immediate and effective action it can take to handle such situation.

The Court, during the previous hearing, had asked the Centre to present and apprise it as to whether a national plan can be prepared to handle this worrisome situation.

It made these remarks, after noting and taking into record at least six different state High Courts, including the Delhi High Court, which had to hear the matter on the same issues.

"We have gone through the affidavit by the Centre. Under various issues, we have highlighted the heads. The purpose is to identify issues and concerns of national interest. We are looking at playing a dialogical role through the judicial review so that the thought process is initiated by policymakers," Justice DY Chandrachud said.

The Court highlighted the following points -

First is oxygen supply issues - What is the mechanism to allocate oxygen to states...can there be a mechanism for every day update?

How much allocation has been made to the state by the centre, state to districts and hospitals?

Can software be developed to track the allocation made?

What steps has the government taken to increase tankers and oxygen supply?

Are there plans for the government to use oxygen concentrators, if so how?

How will state and centre enable vaccine registration for illiterate people and those without internet?

Do the centre and states plan to provide vaccines to targeted frontline workers?

The Finance Ministry had made a previous grant to Serum Institute and Bharat Biotech...What is the exact breakup of the cost of vaccines?

Why centre is not buying 100% dosage produced?

When will disbursal of 50% be communicated to the state

Why two prices...why centre doesn't acquire 100% and distribute it to states... negotiate with manufacturers...make payments.... centralize procurement and distribution

The current eligible 45+ population has not received the second dosage...when will this be made available?

The centre should clarify its investment in private procurements

Centre has mentioned only about Remdesivir and one more drug...but there have been reports on lack of other drugs...what is the plant for it? Any plan for importing drugs? Maharashtra had imported from Bangladesh.

Is the centre considering compulsory licensing for essential drugs?

Govt of India has so far provided more than 16.33 crore vaccine doses to States/UTs free of cost and more than 1 crore doses are still available with the States/UTs to be administered. Meanwhile, more than 19 lakh doses, in addition, will be received by the states/UTs in the next 3 days.

Will one state get priority access over another in getting the vaccines? Centre says 50% will be procured by states for vaccines. How will the vaccine manufacturers ensure equity? Centre to submit exact population between 18 to 45, says Supreme Court, adding that 'We want to make it very clear that if citizens communicate their grievance on social media, then it cannot be said it's wrong information. We don't want any clampdown of information. We will treat it as a contempt of court if such grievances are considered for action.'

Justice Chandrachud says that the centre should show investment by it to ramp up the manufacture of vaccines. This will be the most important intervention by the Central government when private manufacturers have been funded to produce vaccines.

(ANI)