IMS UNION UNIVERSITY DEHRADUN 8th NATIONAL MOOT COURT COMPETITION ,2021

TC-15

IMS UNISON UNIVERSITY DEHRADUN 8th NATIONAL MOOT

COURT COMPETITION , 2021

IN THE HONORABLE SUPREME COURT OF INDIANA

In the matter of , Article 136

Dizer vs. Union of Indiana

BEFORE SUMISSION TO THE HONOURABLE SUPREME COURT OF

INDIANA

MEMORANDUM ON BEHALF OF THE RESPONDENT, UNION OF INDIANA

IMS UNION UNIVERSITY DEHRADUN 8th NATIONAL MOOT COURT COMPETITION,2021

Table of contents

LIST OF ABBREVEATIONS ............................................................................................................. 3

INDEX OF AUTHORITIES ................................................................................................................ 4
STATEMENT OF JURISDICTION ................................................................................................. 5
STATEMENT OF FACTS ................................................................................................................... 6
STATEMENT OF ISSUES ................................................................................................................ 10
SUMMARY OF ARGUMENTS ....................................................................................................... 11
ARGUMENTS ADVANCED............................................................................................................. 13
PRAYER .................................................................................................................................................. 25

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LIST OF ABBREVEATIONS

1. SC……………………… Supreme Court

2. AIR………………………All India Reporter

3. Hon’ble…………………..Honourable

4. TRIPS……………………Agreement on Trade Aspects of Intellectual Property Rights

5. GAVI…………………..Global Alliance for Vaccines and Immunizations

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INDEX OF AUTHORITIES

List of cases
1. MATHAI v. GEORGE…………………………………….(2010) 4 SCC 358
2. N.SURIYAKALA V .MOHANDASS……………………..(2007) 9 SCC 196
3. SHRI RAMA KRISHAN DALIMA v. SHRI JUSTICE S.R. TENDOLKAR and ORS
4. NOVARTIS AG v. UNION OF INDIA …………………….. (2013) 6 SCC 1.
5. PRAMAND KARTARA v. UNION OF INDIA…………….. AIR1989 SC 2039

List of statues, agreements

1. THE DOHA DECLERATION
2. THE GOBAL ALLIANCE FOR VACCINATION AND IMMUNIZATION
3. THE TRIPS AGREEMENT
4. THE PATENT ACT
5. THE INDAN CONSTITUTION
6. INTELLECTUAL PROPERTY LAW

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STATEMENT OF JURISDICTION

This honorable Supreme Court is vested with the jurisdiction to hear this special leave petition
under Article 136 of the Constitution of the State of Indiana.

Article 136 reads as follows,

Special leave to appeal by the Supreme Court.—(1) Notwithstanding anything in this Chapter,
the Supreme Court may, in its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence or order in any cause or matter passed or made by any court or
tribunal in the territory of India.

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STATEMENT OF FACTS

• The state of Indiana is a sovereign democratic republic country which is bordered with the
state of Myna, Bhaskistan, Tutan, Shangladesh.
• The state of Indiana gained independence from the Nitishers in the year 1947 after them
ruling for two centuries of rule in the country and exploiting the resources and the residents
of State of Indiana.
• After independence the drafters in the constitution of Indiana did not want a situation where
the welfare of the citizens was being overlooked for the interests of corporations, hence the
framers of the constitution focused mainly on fundamental rights of the citizens and making
the State of Indiana a welfare country. To ensure this they introduced the concepts of
directive principles of state policies (DPSP).
• All future and present government are bound by the supreme law of the nation that is the
constitution and all the principles it represents. Hence, Indiana also launched several
programs which are pertaining to health, health insurances and food safety for its people.
• During the negotiations of General agreement on tariffs.
• The state of Indiana which is a sovereign democratic republic state got its independence
from the Nitishers in the year 1947 after them ruling for two centuries of rule in the country
and exploiting the resources and the residents of Indiana.
• After independence the drafters in the constitution of Indiana emphasized mostly on
fundamental rights of the citizens of Indiana. They also drafted part four of the constitution
which was called directive principle of state policy(DPSP).
• Directive principles of state policy (DPSP) make sures and reflects that IDIANA is a
welfare state
• and trade (GATT)on Trade related aspects of intellectual property rights (TRIPS) which
happened in the Muruguay round all the World trade organizations (WTO) took part in it,
in which Indiana also a member of it.
• The main objective of the TRIPS agreement is form parity of rules and statutes between
countries.
• A conference conducted by the world trade organization on the TRIPS agreement and
public health called the Doha declarations, and this was adopted by all the WTO members
in the year 2001.
• The whole purpose of the declaration was to promote better facilities of public health by
imposing certain restrictions on the patent rights.
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• The declaration grants its member the right to grant compulsory licenses and determine on
which grounds the license has been granted.
• The agreement is read in the lights of the object and purpose and customary interpretation
of public international law is to be applied.
• It also states that every member can determine what constitutes to a national emergency or
any other factors which leads to extreme urgencies and also during the public health at stake
which includes, (HIV/AIDS, tuberculosis malaria and other epidemics which relate to
national emergencies).
• One of the largest corporate conglomerates which was based in the state of Indiana is the
Alliance group. The business had spread in various states in and around Masia.
• A proposal was passed for setting up a vaccine research and manufacturing institutes by
the Alliance Group to the Health and Family welfare of the government of Indiana in the
year 2017.
• The Alliance group established an institution in the partnership with the government of
Indiana where the government would invest 50% of the total proposed amount.
• The institution established was Verum institution, which was inaugurated by the Hon’ble
prime minster of Indiana in the year 2019.
• the Verum Institution started manufacturing and supplying vaccines for the central and state
government for marginal rates as proposed.
• Toward the end of 2019 a fatal virus named Mortal virus-19 known as MOVID-19 started
to spread from the provinces of Goohan of Myna and slowly to every part of the world.
Initially it was said that the spread of MOVID-19 was through bats and was transmitted to
humans. Within no time World Health Organization had declared as a pandemic.
• Movid -19 had hit the state of Indiana and the central government had declared a national
lockdown for a period of two months.
• Due to Movid -19, thousands of people had lost lives and many their source of livelihood.
This raised up many concerns in both state and central government of Indiana, therefore
the government of Indiana had launched many schemes and programs to recover from the
impact caused by the outburst of the pandemic.
• Pandemic had led to opportunities for many pharmaceutical companies for developing
vaccines for curing the virus. There was intense research for generating the vaccine.
• Meanwhile verum institution had collaborated with Boxword university had also started its
research for the vaccine to generate it for a lower price for the state of Indiana.

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• By the end of May 2020, the first wave of MOVID-19 was able get controlled by the state
of Indiana. The national lockdown has come to an end, and there was the process of
unlocking which begun. Several vaccine trials are taking place at different regions of the
world. The Verum Institute also have started testing the vaccine name MOVISHIELD.
• A pharmaceutical company based in the joint states of Camaria named DIZER, applied its
patent for MOVAXIN, which already patented in the joint state of Camaria in the month
September 2202.
• The vaccination trails of MOVIDSHEILD vaccine by the Verum institution completed
successfully, because of its success rate the government of Indiana launched a state
sponsored vaccination programme for the senior citizens of Indiana and subsequently to
people of the age category of 45-60 yrs. The vaccine is sold for a price of INR 450 per dose.
Concurrently patent for MOVAXIN was been granted and the authorities were selling it
for INR 1000 per dose.
• The second wave of MOVID-19 hit the state of Indiana by end of march 2021. The second
wave had caused numerous deaths and casualties. The state of Indiana was the epicentre of
the wrath of the pandemic. The medical infrastructure was on the verge to collapse.
• The government of Indiana expanded its vaccine drives by increasing the eligibility of 18
and above. This created an immense pressure on the Verum institute to create those huge
number of doses for a pullulation like Indiana.
• Due to the strain in availability of doses of the vaccine, many people had filed Public
interest Litigation (PIL NO:2011/2021) to the Hon’ble supreme court as well as many High
courts of Indiana. One such PIL which was filed before was Johan v. Union Of Indiana and
Ors. The Hon’ble Supreme court of Indiana vide its order dated 11.04.21 and had directed
the Health Commissioner of the Union of Indiana that to take measures to enhance the
availability of vaccines to the citizens of Indiana.
• The Union of Indiana on 16.04.21 had amended the Patents Act, whereby adding sub-
section 1A to it. The sub-sections states that “Notwithstanding anything in this Act, the
Central Government or any officials authorized in writing by it shall have the rights to use
or licence to use any such patent that has been granted under this Act, subject to the payment
of reasonable fee or profit. Provided that, the government may also share the Know-how,
if the patented product is used for public welfare. Provide further that, the patent may be
used or licensed without the prior permission of the patentee, after giving the jurisdiction
for the same.”

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• The Health commissioner of the State of Indiana on 25.04.2021 had issued a letter to the
management of DIZER, informing that, the government of Indian had decided to use and
license MOVAXIN to the local vaccine manufactures in Indiana, for the main purpose to
enhance the production of vaccines in Indiana. The letter also state and confirms that the
license had been given to Verum institute, and that the amount of INR450 shall be paid to
DIZER per dose manufactured by the state or its agencies/ licensees.
• In reply to the letter given by the Health commissioner of Indiana, DIZER sent a letter
saying that they preferred being represented, dated on 26.04.21 before the Ministry of
Health and family Welfare against the use of patent without of its permission and in less or
no profit margin.
• This incident caused a massive drop in its share prize of DIZER as compared by its
competitors. Furthermore, competitors were benefited by the amendment as they had
acquired the direct Know-how for the vaccine and they had started selling them in the open
market. DIZER had stated in the representation stated that the methodology behind
manufacturing the vaccine is exclusive and it cannot be made publicly available as it I
would affect its future market and upcoming process.
• DIZER asked the government to consider them for subsidizing the production of vaccines
throughout PAN India, rather, then them sharing their Know-how to someone else. DIZER
also mentioned that the product price of the vaccine will still be INR450 per dose with a
daily production of 1 crore unit of vaccines would be produced, which is 10 times more the
production than the government schemes.
• To this, the Ministry of Health and Family welfare had responded saying that the letter
dated on 24.04.2021 had been in compliance in law in force and the representation of
DIZER had no force in law whatsoever.
• After receiving the letter from the Ministry, DIZER had preferred a Writ petition bearing
no.1120/202, before the Hon’ble high court of Delphi, challenging the amendment dated
on 16.04.2021 and the letter dated on 25.04.2021.
• The Hon’ble High Court of Delphi vide order dated on 10.05.2021, partially dismissing the
patent held by DIZER, and ordered the Union Government to reconsider the royalties
determined for the use of the patent by the government of Alliance.

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STATEMENT OF ISSUES

The following issues are to be heard and decided by the Honorable Supreme Court of Indiana

Issue 1. Whether the Special Leave Petition filed by the petitioner is maintainable or not?

Issue 2. Whether the Amendment dated 16.04.2021 is valid in terms of the TRIPS Agreement
or not?

Issue 3. Whether the letter dated 25.04.2021 is violative of the provisions of Part III of the
Constitution of Indiana?

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SUMMARY OF ARGUMENTS

Issue 1- Whether the Special Leave Petition filed by the petitioner is maintainable or not?

The petitioner of this case DIZER had filed a special leave petition about the letter which was
dated on 25.04.2021 and for the reply which they have gotten from the ministry when they
have asked permission for the representation in supplying the adequate amount of
vaccination. The Hon’ble High Court of Delphi had partially dismissed the petition filed by
DIZER on the grounds of justification of the Union Government, but the court had instructed
the Union Government to reconsider the royalties.

The petitioner unhappy with the verdict and hence have approached the Hon’ble Supreme
Court. The grounds on which the special leave petition1 is looked into is from the case of
Mathai v. Gorge, where in this case the supreme court had given the guidelines in which
circumstance should one must apply for a special leave petition of Article 1362. Based on
those grounds the petitioners are not entitled for special leave petition and they are just
overburdening the Supreme court.

Issue 2- Whether the Amendment dated 16.04.2021 is valid in terms of the TRIPS Agreement
or not?

Based on the circumstance experienced by The State of Indiana, where the second wave of the
pandemic had caused an immense damage to the country. There was a lot chaos as there was
minimum supply of the medical infrastructure mainly the product and availability of vaccines
in entire PAN- Indiana. The citizens of Indiana had filed numerous petitions against the
government for not performing their duties. One such case was Johan v Union of Indiana,
where the Supreme court had ordered the health commission to take immediate action
pertaining to this matter. Hence the Health commission had come up an amendment dated on
16.04.2021 on section 100 of the Patent act, by adding sub section 1A.

The sub section 1A is binding to the terms of the TRIPS Agreement. One such Article says that
during the time of emergency a member can use and license the patent without prior
authorization of the right holder, and the member to the right holder must mention and give

1
Mathai v. Gorge
2
The Indian Constitution

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reasonable justification for using so. According to the current situation The Verum Institute
had a difficult time in manufacturing huge quantity of vaccines to meet its demand. Therefore,
the government took the step of amending the Patents Act. In no such circumstances did the
Union of Indiana had violated the TRIPS Agreement.

Issue 3- Whether the letter dated 25.04.2021 is violative of the provisions of Part III of the
Constitution of Indiana?

The letter which was sent to management of the DIZER company on 25.04.2021 by the Health
Commission of Indian was to inform the company that the Government of Indiana had decided
to use and license MOVAXIN to the local vaccine manufactures of Indiana, also mentioning
that the Government given the license to The Verum Institute for production of vaccine for the
whole Indiana. They have also promised that for every production if vaccine a INR450 would
be paid to the DIZER company.

The petitioners had felt that it was unfair and that it is violating the part III of the Constitution.
They believe that the Article 14 of the Indiana constitution has been violated. Article 14 talks
about equality before law and equal protection of law. Here the Article 21 Right for Health,
which comes under the ambit of Right to life overrides the Article 14. This is because the
Government of any country will be invested to protect their citizens and the citizens of Indiana
have the Right to Health and Right for Health care and it is their absolute as well as Fundament
Right. Hence there was no violation of part III of The Constitution as the government was
solemnly performing its duty.

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ARGUMENTS ADVANCED

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Issue 1 Whether SLP filed by the petitioner maintainable or not ?

IMS UNION UNIVERSITY DEHRADUN 8th NATIONAL MOOT COURT COMPETITION ,2021

Article 136 Special leave petition was filled by the DIZER upon the partial dismissal of writ
petition (1120/2021) by the Hon’ble High Court of Delphi. DIZER challenged the amendment
which was dated on 16.04.2021 and the constitutionality which was dated on 25.04.2021.

3
In paragraph 14 of the case of Mathai v. George it was said that “under the scheme of the
Indiana constitution, the last court in the country for ordinary cases must be the High Court.
The Hon’ble High Court of Delphi partially dismissed as they could not find any violative
grounds done by union government. The Hon’ble High court of Delphi directed the union
government for reconsideration of the royalties as the union government were using and
licensing the patent which was held by the DIZER.

Art. 136 grants power to grant special leaves petitions only by the discretion of the supreme
court only for exceptional cases. In the case N.Suriyakala v. A Mohandass4 the courts held
that “Article 136 of the Constitution is not a regular forum of appeal at all , it is a residual
power.” In the case of Mathai v George, the court suggest the circumstance in which a special
leave petition can be filed, which are

• All matters which involve in the substantial question of law relating to the interpreting
the constitution of Indiana.
• All matters of great national public importance.
• All matters pertaining to grave miscarriage of justice.

All matters which involves in the substantial question of law relating to the interpreting the
constitution of Indiana:

Directive Principles of State Policy. Article 39(a) mentions the responsibility of the State to
provide security to citizens by ensuring the Right to adequate means of Livelihood. Article
39(e) mentions the State's responsibility to ensure that “health and strength of workers, men,
and women and the tender age of children are not abused.” Article 41 imposes a duty on the
State to “provide public assistance in cases of unemployment, old age, sickness, and
disablement.” Article 42 makes provision to “protect the health of the infant and mother by
maternity benefit.” Article 47 is about “raising the level of nutrition and the standard of living
of people and improving public health.

All matters pertaining to public importance:

3
Mathai v gorge (2010) SCC 4
4
N.Suriyakala v.A.Mohandass (2007)9SCC196
IMS UNION UNIVERSITY DEHRADUN 8th NATIONAL MOOT COURT COMPETITION,2021

In the case of Shri Rama Krishan Dalima v. Shri Justice S.R Tendolkar and Ors,5 the court has
defined public importance saying that public health, sanitation or the like or some public evil
... affect the well-being of the public as to make such conduct a definite matter
of public importance.6

By the end of 2019, state of Indiana was hit by the mortal virus movid-19 pandemic which
resulted to two months of national lockdown. Due to the pandemic thousands of people have
lost their lives, many of them have lost their source of livelihood. The central government of
Indiana had launched schemes and programs to overcome the impact caused by the movid-19.
Article 39 (a) states that the state id responsible for the security of the citizens by providing
them adequate means of livelihood.7 The state is also responsible to ensure health and strength
of the workers, men women and a tender age of children are abused, this is mentioned in article
39(e). article 41 imposes duty towards the state for providing health for the citizens. Article 42
talks about protecting the health of the infant and pregnant mother by maternity benefits and
article 47 talks about raising the level of nutrition and the standard of living of people and
improving public health.

All matters of great national importance:

The mater of great national importance is of public health crises which was caused by the
pandemic. The citizens of Indiana had been severely affected by the pandemic and the medical
infrastructure is having a hard time in coping up with the casualties.

All matters pertaining to grave miscarriage of justice:

In the letter sent by the health ministry of the state of Indiana, they had informed in their letter
that they would be use and license of MOVAXIN to the local vaccine manufactures in India
for the purpose of enhancing the vaccine manufacturing so that the vaccines could be
immediately be reached to the vide area of the country. They have also promised that for every
dose of vaccine manufactured by the state or its agencies / licenses that they will pay INR450
to DIZER.

In the TRIPS agreement Article 27(2): states that “member may exclude from patentability
inventions, the prevention within their territory of the commercial exploitation of which is
necessary to protect order public or morality, including to protect human, animal or plant or

6
Shri Rama Krishan Dalima v. Shri justice S.R Tendolkar and Ors , 1958 AIR 538, 1959 SCR 279
7
The constitution of India 1950

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health to avoid serious prejudice to the environment provided that such exclusion is not made
merely because the exploitation is prohibited by their laws.”

Article 30: this article talks about exception to the rights conferred, which states that “members
may provide limited exceptions to the exclusive rights conferred by a patent, provided that such
exceptions do not unreasonably conflict with a normal exploitation of the patent and do not
unreasonably prejudice the legitimate interest of the patent owner, taking account of the
legitimate interests of third parties”.

Article 31 (a),(b): This Article talks about the other Use Without Authorization of the Right
Holder. “Where the law of a Member allows for other use8 of the subject matter of a patent
without the authorization of the right holder, including use by the government or third parties
authorized by the government, the following provisions shall be respected:

(a) authorization of such use shall be considered on its individual merits;

(b) such use may only be permitted if to such use, the proposed user has made
efforts to obtain authorization from the right holder on reasonable
commercial terms and conditions and that such efforts have not been
successful within a reasonable period of time. This requirement may be
waived by a member in the case of national emergency or other
circumstances of extreme urgency or in cases of public non-commercial use.
In situations of national emergency or other circumstances of extreme
urgency the right holder shall nevertheless, be notified as so as reasonably
practicable. In the case of public non-commercial use, where the government
or contractor, without making a patent search, knows or has demonstrable
grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly.”

Article 39(3): states that except for the protecting public, the patent and such information must
be rightfully protected.9

All of the above article from the TRIPS agreement have conferred that the member can use and
license during the time of national emergency.

9
Trade Related Aspects of Intellectual Property Rights.

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Not only that DOHA Declaration also gave freedom to its members to define national
emergency or any other sort of emergencies.

In the case of Mathai v. Gorge in the para number 27 10, Mr. Justice Frankfurter believes that
due to immense volume of cases placed in Supreme Court the quality of judgments given
become less.

10
Mathai v. Gorge

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Issue -2 Whether the Amendment dated 16.04.2021 is valid in terms of the TRIPS Agreement
or not?
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Although the state of Indiana is a welfare state which has its own written constitution, it still a
developing country. Due to a century of exploitation of Nitishers. It took a century and more
for to come to where the state of Indian is standing at this point.

The wrath of the virus had increased even with all the measures took by the state of Indiana
and its government. The government had launched so many schemes, programs and protocol
for a national lockdown to the entire country. Towards the end of march 2021, the second wave
had a major impact on the whole country and Indiana had been the epicenter for the pandemic’s
second wave. Numerous people had lost their lives, there was spike on the number of death
and in casualties. The entire medical infrastructure was on the verge of collapse. This made the
government of Indiana to start vaccination drive for all who are 18years and above. In order to
supply vaccine for most of the citizens the Verum institute had faced an immense pressure to
supply huge quantities of vaccines for its demand.

Paranoid by the situation the citizens of Indiana had filed many Public Interest litigation (PIL)
was filed Infront of the Hon’ble Supreme court of Indiana and also in various high courts. One
such petition is was filed by johan v.Union of Indiana and Ors. The Supreme court of Indian
had directed this to the health commissioner of the union of Indiana to take immediate actions
and enhancing the availability of vaccines.

Union of Indiana had amendment the section 100 of the patent Act by adding a sub section 1A
to it. The sub-section states that, the Central government or any officials’ authorities in writing,
have the right to use or license the use of any such patent which has been granted by the Act,
with reasonable fee or profit. Provided that the government many also share the Know-how if
the product patent is used for public welfare, further the government lets the patent for its usage
or license it without the prior permission of the patentee, after giving jurisdiction. The above
amendment is valid in TRIPS agreement because in

• Article 27 (2) states that “member may exclude from patentability inventions, the
prevention within their territory of the commercial exploitation of which is necessary
to protect order public or morality, including to protect human, animal or plant or
health to avoid serious prejudice to the environment provided that such exclusion is
not made merely because the exploitation is prohibited by their laws.”

The WTO is the ultimate authority on global trades rules, this also includes intellectual property
right. This organization has 164 members including the Indiana. The main purpose of trips
IMS UNION UNIVERSITY DEHRADUN 8th NATIONAL MOOT COURT COMPETITION,2021

agreement which was been included with DOHA declaration is because of the to improve medical
facilities all round the world and to promote access of medicine for all.
• Article 30: this article talks about exception to the rights conferred, which states that
“members may provide limited exceptions to the exclusive rights conferred by a patent,
provided that such exceptions do not unreasonably conflict with a normal exploitation
of the patent and do not unreasonably prejudice the legitimate interest of the patent
owner, taking account of the legitimate interests of third parties”.

The article talks about unreasonable conflicts for exploiting of patent, well the State of Indiana
is one of the 92 countries with lower-income economic country, with a second largest
population in the entire world, therefore a country like ours will have trouble in generating
vaccines in large quantities for the entire nation due to the lack of medical technology.
Therefore, they had no option rather than giving the license of DIZER to the local vaccine
manufactures. Hence, this act which was done by the Union Government of State of Indiana is
not unreasonable but it was one of the immediate measures to resolve the damage caused by
the pandemic.

• Article 31 (a),(b): This Article talks about the other Use Without Authorization of the
Right Holder. “Where the law of a Member allows for other use11 of the subject matter
of a patent without the authorization of the right holder, including use by the
government or third parties authorized by the government, the following provisions
shall be respected:

(c) authorization of such use shall be considered on its individual merits;

(d) such use may only be permitted if to such use, the proposed user has made
efforts to obtain authorization from the right holder on reasonable
commercial terms and conditions and that such efforts have not been
successful within a reasonable period of time. This requirement may be
waived by a member in the case of national emergency or other
circumstances of extreme urgency or in cases of public non-commercial use.
In situations of national emergency or other circumstances of extreme
urgency the right holder shall nevertheless, be notified as so as reasonably
practicable. In the case of public non-commercial use, where the government

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or contractor, without making a patent search, knows or has demonstrable

grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly.”

According to this article the TRIPS agreement is clear that during the time of national
emergency the country can use the patent without any authorization of the right holder, only
the member must notify the same to the right holders with reasonable justification.

• Article 39(3): states that except for the protecting public, the patent and such
information must be rightfully protected.12

Even in DOHA Declarations it was said that each member can has rights to grant compulsory
license and freedom to determine the grounds upon which such license can be granted. And
also, each member has the right to determine what constitutes to a national emergency or public
health crises and work on it accordingly. In the case of Novartis AG v, Union of India 13, the
court held that “it stated that the TRIPS Agreement should not be imply an inability on part of
the member state to protect public health and access medicines after the date of entry in the
WTO agreement “There are 92 countries with lower income economy. Gavi which is a vaccine
alliance group made by the WTO manly focus on removing the financial barriers, by pooling
resources to these countries which are in need. The State of Indiana is one of the members of
these organization. After the pandemic the state of Indian had a huge dip in the economy. The
welfare state has trouble in generating GDP like before. By supporting the local vaccination
manufactures the State can revive its economy back. One of the biggest producers of vaccines
are the Verum Institutes. The government had formed a collaboration with this institute and
has invested 50% in the institution. The verum institutes have started making vaccines for
marginal rate for both state and center. One of the reasons of giving to the Verum Institute and
to other local manufactures is to improve the economic conditions of the country.

12
Trade Related Aspects of Intellectual Property Rights.
13
Novartis AG V. Union of India (2013)6SCC1.

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Issue -3 Whether the letter dated 25.04.2021 is violative of the provision of part
III of the constitution of Indiana.
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A letter sends by the health commissioner issued a letter to the management of Dizer, dated on
25.04.2021 informing them that the government had decided to use and license MOVAXIN to
the local vaccine manufactures in Indiana, for the purpose of enhancing the vaccine production
in Indiana. They have also clarified that the license to manufacture MOVAXIN was given to
the Verum Institute. The amount of INR 450 would be paid to DIZER for every vaccine
manufactured by the agencies of licensees.

This letter did not violate the part III of the Constitution because.

Article 13(3)(a) of Indiana constitution defines law as: “law includes any ordinance, order, bye-
law, rule, regulation, notification, custom or usage having in the territory of Indiana the force
of law.

Here letters does not come under the ambit of law. The letter is just informing the management
of the DIZER that they would be using and licensing MOVAXIN. To violate a fundamental
right a law must be violated in the first place, and in accordance to the Trips agreement had
clearly mentioned that, during the time of emergency one can use the patent of vaccine and the
right holder of that vaccine will not have any rights in restricting them, given it is used for
protecting public health.

Article 14 talks about equality of law and equal protection of law, the state shall not deny any
person equality before the law and equal protection of the law. Within the territory of
Indiana.14This applies to even artificial humans but, the Article 21 which talks about protection
of life and personal liberty, more specifically about right to health, overrides the Article 14.
Due to a National health crisis in the state of Indiana, the government of Indiana is obliged to
treat its citizen, give them all the medical infrastructure and protect them from further harm
caused by the MOVID-19. In the case of Parmanand katara v. Union of India the supreme court
had held that right to health is a part and parcel of right to life and therefore right to health
comes under the ambit of fundamental right15. Therefore, it is the duty of the government to
give all its citizens the appropriate health care at the right time. Hence it is not violative of part
III of the Constitution of Indiana.

14
The Indian Constitution
15
Paramand Katara v.Union of India ,AIR1989 SC 2039
IMS UNION UNIVERSITY DEHRADUN 8th NATIONAL MOOT COURT COMPETITION,2021

PRAYER

Wherefore, in the light of the facts of the case, issues raised, arguments advanced and
authorities cited, this Hon’ble court may be pleased to:

• To not award the Special leave Petion filed by the DIZER Company.
• To declare the amendment made on the Patent Act by the Government to not be in violation of
the TRIPS Agreement.
• Declare the letter sent by the Ministry of Health stating that the petitioner has force of law to
and it is not in violation of Part III of the Constitution of Indiana.

AND/OR

Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.

And for this, the Petitioner shall as in duty bound, forever humbly pray

Counsels for the Respondent .

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