Delhi HC Issues Notice On Plea Challenging Exemption Of New-Patented Drugs From DPCO

New Delhi, 7 Feb 2020:

The Delhi High Court on Wednesday issued notice on a petition challenging Drug (Prices Control) Amendment orders which exempt new patented drugs from the price control order for five years from the date of their marketing.

The writ petition sought quashing of Paragraph 2(ii) (A) and Paragraph (ii) (B) of the Drug Prices Control Amendment Order 2019 dated 3rd January 2019 and Paragraph 32 of the Drug (Prices Control) Order 2013 dated 15th May 2013 (collectively referred as Paragraph 32 of the DPCO 2013 & 2019 Amendment), issued under section 3 of the Essential Commodities Act, 1955.

"The paragraph 32 of the DPCO 2013 and 2019 Amendment thereto arbitrarily link the price control exemption of five years from the date of commercial marketing/production to drugs, processes and new delivery systems in relation to new drugs as dened under Rule 122E of the Drugs and Cosmetics Rules, which status only attaches for four years from the date of marketing approval, thus creating a prima facie conict between the two schemes" Live Law