SFI plead to the Supreme Court to provide a route to the government for a free vaccination to all so as to shield the productive workforce of India and to cast off tax on import of oxygen concentrators used for personal use considering the national disaster management plan. Federation submitted an application suggesting the central government provide compulsory license considering the patent act of 1970.
Maximum numbers of pharmaceutical factories operated in India are beneath government control. Government can make use of that to produce vaccines to meet the call for. This application has been filed by advocate Anandita Mitra drawn by advocate Supratik Sarkar. Bringing up section 92(3) and section 100 of patent act 1970 which address powers of Controller of Patents and the central authorities respectively enables the controller to grant a compulsory patent which will help the Larger population to get vaccinated at a quicker tempo which might assist in controlling the spread of the pandemic.
The appeal for directions has sought the following orders from the Court:
- Direct the Union Of India to recline a universal mass vaccination program and furnish the same to the citizens free of cost
- Direct the central government to issue mandatory licenses under the relevant provisions of the Patent Act,1970, which will support vaccinating the citizens ;
- Direct the Union of India and its agencies to exempt the import of oxygen concentrators for personal use from Goods and Service tax.
