When I was diagnosed with breast cancer last year, I faced the challenge of weighing both the cost of treatment and the treatment itself. I did not have substantial insurance or savings, but family and friends came forward to help.
During treatment, I met other women who lacked the same support. For some, paying for care was a continuing struggle, especially when it stretched over several months. I wondered whether some of those who stopped coming were forced to choose between the treatment they needed and what they could afford.
The question of what happens when a cancer medicine is simply too expensive came up before the Kerala High Court on September 26. In the case of Re Exorbitant Pricing of Life Saving Patented Medicines vs Union of India, the court considered access to two patented breast cancer medicines – ribociclib and abemaciclib.
A retired bank employee living with metastatic breast cancer had approached the court in 2022 seeking affordable access to ribociclib. Though she died while the case was pending, the court continued the case on its own motion.
The judgment is significant for what it says about Section 100 of the Patents Act, which addresses governmental use of patented inventions. The Kerala High Court ruled that the provision extends beyond the...