Indonesia's Constitutional Court has struck down a provision in a law that permitted so-called patent evergreening, a practice where drugmakers file additional patents with minor changes to existing medicines in order to delay competition. The court ruled that a two-year-old amendment, which had removed an earlier prohibition on the practice, was unconstitutional, according to the ruling reported by STAT.
The case was brought by several patients and advocacy groups, who argued that the amendment upset the balance between patent holders' rights and the broader public interest, particularly public health. The court agreed that the original restriction on evergreening was necessary to protect access to medicines.
Patient advocates said the decision sends an important message to other countries considering similar challenges. By restoring the ban, the ruling signals that governments can push back against tactics that keep drug prices high and forestall generic competition.