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TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.

1. India’s CDSCO has upgraded its online system to automatically generate the Market Standing Certificate (MSC), Non-Conviction Certificate (NCC) and Neutral Code for medical devices. Consequently, manufacturers and importers must reapply for these certificates, as all previously issued ones will become non-functional from April 9, 2025.
Source: bit.ly/4j7NJWL
Source: bit.ly/4j7NMBV 

2. India’s Supreme Court has introduced new guidelines for interpreting deeds and contracts. The guidelines emphasize using the literal rule, where words are given their plain meaning unless absurdity arises. If necessary, the golden rule may be applied and a shift to purposive interpretation based on the document’s context and objectives, ensuring clarity in legal agreements.
Source: bit.ly/3Rc0TWh

3. The Bombay High Court issued an ex-parte ad-interim order against unidentified individuals selling counterfeit and illegally imported oral care products, restraining them from manufacturing, packaging, or distributing lookalike goods infringing trademark and copyright. A Court Receiver was appointed to oversee the identification and inventory of the infringing goods.
Source: bit.ly/3G5i9u0

4. The Supreme Court of India will hear petitions challenging the ₹50 lakh cap on government aid for rare disease treatments, including Spinal Muscular Atrophy (SMA), following a High Court order. The SMA drug is cheaper in China and Pakistan due to negotiations with the manufacturer. The SC suggested the Centre explore similar negotiations and consider flexibility in approving aid beyond the ₹50 lakh cap on a case-by-case basis.
Source: bit.ly/4lqJ2ss

5. The Government of Kerala has reportedly introduced digital payment systems in government hospitals to streamline service fee transactions, allowing patients to pay using UPI, debit, or credit cards. In addition, they have also introduced an online outpatient (OP) ticket, M-health app, and scan and book system.
Source: bit.ly/4crteSd

Posted on

TOP 5 HEALTH LAWS & POLICY UPDATES

Dear Reader, We are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.

Human Rights body to probe sale of drugs with identical brand names in India
The National Human Rights Commission (NHRC) in India has taken suo motu cognizance of a newspaper report which stated that many drugs in India were being sold with identical brand names for treating different medical conditions. NHRC has issued notice to Secretary, Ministry of Health and Family Welfare and Central Drugs Regulator, asking for detailed report within four (04) weeks.
Source: bit.ly/3SB8WfB

India’s Environment Regulator to take action against unregistered recyclers and refurbisher of battery waste
India’s Central Pollution Control Board (CPCB) has issued direction to all State Pollution Control Board (SPCB) and Pollution Control Committees (PCCs) to ensure compliance with Battery Waste Management Rules, 2022 by recyclers and refurbishers of battery waste. CPCB has directed SPCB/PCC to carry out drives identifying informal / illegal battery waste recyclers, and physically verify facilities of existing waste recyclers. All battery waste recyclers and refurbishers are obligated to register under Battery Waste Management Rules, 2022.
Source: bit.ly/3OGJTGI

Difference of manufacturing process will not take away ability of manufacturer of product manufacturer to enforce product patent, if the product is covered by Product-by-Process Patent: High Court
The Delhi High Court of India has held that a product-by-process patent would be enforceable even if the alleged infringement relates to manufacturing of a product using process which is different than the one claimed in patent. The High Court was dealing with a matter relating to manufacture of a compound called Ferric Carboxymaltose (FCM) which was patented by the Innovator. The defendants had raised an argument that they are not covered by the patent because they were following a different process to manufacture FCM. However, the argument was rejected by the High Court.
Source: bit.ly/3OGtr9C

Manufacturers of medical devices who do not wish to disclose name and address of manufacturing facility, may apply for neutral code on central portal
The Indian medical devices regulator, Central Drugs Standard Control Organization (CDSCO) has direct all the manufacturers of medical devices for export purposes to submit the applications for neutral code through online system of medical devices portal only. If a neutral code is declared on the label of package, it does not have to bear the name and address of the manufacturer. The online portal is now functional to accept the applications.
Source: bit.ly/3SWgTxn

Recommendations for COVID legislation received from Law Commission of India
The Law Commission of India has submitted its report titled “A Comprehensive Review of the Epidemic Diseases Act, 1897″ to the Government of India. The commission has recommended either to amend the existing law or enact the new legislation to address the underlying gaps in the Epidemic Diseases Act, 1897. The 1897 was relied on by the Government of India to introduce various controls during the COVID pandemic, including lock downs.
Source: bit.ly/3SWMdMm