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14. Petitioners have also contended that in April, 2021, Haffkine Institute, Mumbai, a public sector company procured rights to manufacture Covaxin via technology transfer from ICMR. Haffkine Institute is a multi-disciplinary institute which is engaged in training, research and manufacturing of anti rabies serum, anti-snake venom serum and oral polio vaccine. It is one of the oldest biomedical research institutes in India and is under the aegis of the Maharashtra State Government.

16. That apart it is contended that Mission Covid Surakhsha was announced with a provision of Rs. 900 crore to the Department of Biotechnology, Ministry of Science & Technology, Government of India, New Delhi, the 2nd respondent, for making a vaccine for Covid-

19. The document containing "Instruction for Technology Transfer and Intellectual Property Rights", as obtained from the website of the 2 nd respondent, states that in respect of joint research undertaken by an institution and an industrial entity, the Intellectual Property Rights can be owned by them jointly. Petitioners have also submitted relevant extract from the abovesaid document which reads thus:-

42. It may be true that the Union Government must have advanced money in order to bring out the vaccine at a faster pace in the larger interest of the public. It is an admitted fact that the vaccine was developed by the Serum Institute of India Private Limited as well as the Bharat Biotech International Limited by using their technology, scientific expertise and other technological aspects.

43. In our considered opinion, the Union of India has not entered into any agreement with the Bharat Biotech International limited for transferring their technology in regard to manufacture of the Covaxin. By virtue of the provisions of the statutes remaining in the country, the company is entitled to protect their Intellectual Property Rights. Even according to the petitioners, though India has communicated to the World Trade Organization for liberalizing the provisions of the law relating to the Intellectual Property Rights, the World Trade Organization has not taken any steps as per the request made by India as well as South Africa.

Sd/-

S. MANIKUMAR CHIEF JUSTICE Sd/-

SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE APPENDIX OF WP(C) 10661/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CUMULATIVE VACCINATION COVERAGE REPORT AS ON 24.04.2021 OBTAINED FROM THE WEBSITE OF THE MINISTRY OF HEALTH AND FAMILY WELFARE EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE DOCUMENT TITLED "POVERTY MEASUREMENT IN INDIA: A STATUS UPDATE", PUBLISHED IN SEPTEMBER 2020 REF.NO.WORKING PAPER NO.1/2020 BY MINISTRY OF RURAL DEVELOPMENT EXHIBIT P3 TRUE COPY OF THE PRESS RELEASE DATED 28.02.2021 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE EXHIBIT P4 TRUE COPY OF THE PRESS RELEASE DATED 19.04.2021 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE EXHIBIT P5 TRUE COPY OF THE LIBERALISED PRICING AND ACCELERATED NATIONAL COVID 19 STRATEGY AS ON 21.04.2021 OBTAINED FROM THE MINISTRY OF HEALTH AND FAMILY WELFARE EXHIBIT P6 TRUE COPY OF THE MEDIA STATEMENT ISSUED BY THE CEO, SERUM INSTITUTE OF INDIA LTD EXHIBIT P7 TRUE COPY OF THE ANNOUNCEMENT ISSUED BY THE CHAIRMAN AND MANAGING DIRECTOR, BHARAT BIOTECH INTERNATIONAL LTD EXHIBIT P8 TRUE COPY OF THE BACKGROUND NOTE ON IMMUNIZATION IN INDIA BY THE NATIONAL HEALTH MISSION AS OBTAINED FROM THE WEBSITE OF NATIONAL HEALTH MISSION EXHIBIT P9 TRUE COPY OF THE NATIONAL VACCINE POLICY EXHIBIT P10 TRUE COPY OF THE RELEVANT PORTION OF NATIONAL HEALTH PROFILE 2019 ISSUED BY THE CENTRAL BUREAU OF HEALTH INTELLIGENCE EXHIBIT P11 TRUE COPY OF THE NEWS STATEMENT DATED 23.11.2020 PUBLISHED ON THE WEBSITE OF THE UNIVERSITY OF OXFORD EXHIBIT P12 TRUE COPY OF THE DOCUMENT TITLED "INSTRUCTIONS FOR TECHNOLOGY TRANSFER AND INTELLECTUAL PROPERTY RIGHTS" AS OBTAINED FROM THE WEBSITE OF RESPONDENT NO.2 EXHIBIT P13 TRUE COPY OF THE COMMUNICATION FROM INDIA AND SOUTH AFRICA REGARDING WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID-19