Law: Drug Regulatory Authority of Pakistan Act, 2012

Section: 7(c)(vii),32

Law: Patents Ordinance, 2000

Section: 58

Law: Constitution of Pakistan, 1973

Section: 9,14

Law: Drugs Act, 1976

Section: 7,10,12,12(3)

(a) Drugs Regulatory Agency of Pakistan Ordinance (I of 2012)-- ----S. 7(c)(vii)---Drugs Act (XXXI of 1976), S.12---Drug Pricing Mechanism, Cl.4(4)(i)---Patents Ordinance (LXI of 2000), S.58---SRO No.101(I)/2016, dated 9-2-2016---Constitution of Pakistan, Arts. 9 & 14---Right to health---Scope---Dispute was with regard to fixation of price of "life saving drug" meant to cure Hepatitits-C ---.--- PETITIONER was aggrieved of fixation of too low retail price of medicine in question by authorities under notification SRO No. 101(I)/2016, dated 9-2-2016---Validity---Where drug was intended to heal a large part of population of Pakistan suffering from Hepatitis-C (4.5% of population), in public interest (even if patent was granted), Federal Government had ample power to invoke S.58 of Patents Ordinance, 2000, to grant compulsory licences to local pharmaceutical companies to produce drug in question at lot cheaper rates---High Court directed the authorities to recognize and take steps to show that they had recognized that "access to affordable medicine was a fundamental right granted and protected under Arts.9 & 14 of the Constitution"---Authorities were directed that "Maximum Retail Price" for essential drugs not to be set unless flexibilities provided under S. 58 of Patents Ordinance, 2001, had been fully exhausted in a transparent manner---High Court declared that Notification SRO No. 101(I)/2016, dated 9-2-2016, fixing "Maximum Retail Price" of medicine in question, as appropriate procedure of price determination of the compound in neighbouring countries was complied with and Federal Government had residual authority to issue the notification in partial modification of Cl.4(4)(i) of Drug Pricing Mechanism---High Court also directed the authorities to adopt due process provided under Drug Pricing Mechanism and after giving opportunity of hearing, re-fix Maximum Retail Price of drug in question strictly in accordance with law---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Arts. 9 & 14---Right to health---Scope---Unlike 115 countries of the world, the Constitution of Pakistan does not explicitly recognize the…