Indonesian court strikes down patent evergreening provision to protect public health
An Indonesian Constitutional Court ruled last week that a law amendment allowing patent evergreening by drugmakers is unconstitutional.
Court rejects industry tactic
The court determined that the two-year-old amendment removing the ban on minor tweaks to existing medicines was invalid. This decision restores the original restriction designed to balance patent holder rights with public interest. Patient advocates say the ruling sends a critical message to other nations.
Case brought by patients
Several individuals and advocacy groups filed the case challenging the specific legal provision. The judges decided that the broader public health needs outweigh the industry practice of delaying competition. The original prohibition remains in effect after this latest judgment.
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