Price Control Mechanism of Patented Pharmaceuticals in India

Patent grants monopoly to the Patentee. There is a tendency in pharma Patents amongst Patentee to overprice the drug rendering them out of reach of needy patients. Thus it is not affordable to the ordinary citizen at large and the poor are the worst sufferers. Due to the prohibitive cost of doing research, pharmaceutical companies overprice their medicines to recover the cost of doing research or to be able to conduct further research. Due to this overpricing the human rights of the sick and vulnerable are in a precarious. Lack of access to medicines is a threat to life to sick people, this violates right to life guaranteed in the Constitution besides other international declarations and covenants. Hence, the problem of un-affordability of medicine is a threat to life.

This research paper highlights the problem of common man and violation of human rights in spite of having legislation on price control and patents.