Dr.K P Aravindan vs. Union Of INDIA
Held
The Court noted that most prayers regarding vaccine pricing became infructuous as the pandemic subsided and the government had implemented a policy for price fixation and administration. The reliefs seeking transfer of Covaxin technology and publication of IP details were dismissed, as the petitioners were not entitled to such orders of mandamus. The Court flagged compulsory licensing and government acquisition of patents under the Patents Act as policy decisions for the Central Government's consideration.
Facts
Petitioners challenged the Union Government's "Liberalised Pricing and Accelerated National Covid 19 Vaccination strategy" which provided for differential pricing of COVID-19 vaccines. They sought universal free vaccination, transfer of Covaxin manufacturing technology, and publication of intellectual property agreements related to vaccines.
Key Issues
The key issues were the legality of the differential pricing policy for COVID-19 vaccines and whether the government should be directed to mandate technology transfer for Covaxin and publish vaccine intellectual property agreements.
AI-generated summary — verify with the full judgment below
W. P.(C) No. 10661 of 2021 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 18TH DAY OF MAY 2022 / 28TH VAISAKHA, 1944 WP(C) NO. 10661 OF 2021 PETITIONER/S: 1 DR.K P ARAVINDAN AGED 66 YEARS S/O.K.BHASKARA MENON, AMAN,VK KRISHNA MENON ROAD, PANNIYANKARA, KOZHIKODE-673 003, KERALA 2 DR.PRAVEEN G.PAI AGED 46 YEARS S/O. T.N.GOPALAKRISHNA PAI, PUBLIC HEATH SPECIALIST, KNIGHTS 10C. SKYLINE IMPERIAL GARDENS, STADIUM LINK ROAD, KALOOR BY ADVS. S.PRASANTH (AYYAPPANKAVU) VARSHA BHASKAR MISHI CHOUDHARY KUSHAGRA SINHA APURVA SINGH RADHIKA JHALANI RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, ROOM NOS.514-B/A, NIRMAN BHAWAN, NEW DELHI-110 011 2 DEPARTMENT OF BIOTECHNOLOGY, MINISTRY OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, 6TH-8TH FLOOR, BLOCK 2 CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003 3 INDIAN COUNCIL OF MEDICAL RESEARCH, REPRESENTED BY ITS DIRECTOR GENERAL, ANSARI NAGAR, NEW DELHI-110 029 4 DRUG CONTROLLER GENERAL OF INDIA, CENTRAL DRUGS STANDARD CONTROL ORG
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