THIRUVANANTHAPURAM: Former Kerala Additional Chief Secretary and Controller General of Patents, Designs, and Trade Marks, P.H. Kurian (67), passed away on Wednesday. A native of Pampady in Kottayam, Kurian was the first IAS officer to lead India’s Intellectual Property Administration, leaving behind an indelible mark on affordable healthcare and patent jurisprudence in India.
During his tenure as the Controller General of Patents between 2009 and 2012, Kurian authored a historic decision that redefined access to life-saving medicines in the developing world. On March 12, 2012, he issued India’s first-ever Compulsory Licence under Section 84 of the Indian Patents Act.
German pharmaceutical giant Bayer was marketing its patented kidney and liver cancer drug, Nexavar (Sorafenib), at an exorbitant cost of nearly ₹2.8 lakh ($5,700 approx.) per month. This pricing placed the critical drug far out of reach for the vast majority of Indian patients.
Exercising executive courage and statutory provisions, Kurian granted a compulsory licence to generic manufacturer Natco Pharma to produce and distribute the drug. This single order slashed the price of the cancer treatment by over 97%, bringing it down from ₹2.8 lakh to just ₹8,880 per month.
Though Bayer challenged the order extensively, both the Bombay High Court and ultimately the Supreme Court of India upheld P.H. Kurian’s ruling. The judgment set a global precedent, demonstrating how sovereign IP law can be invoked to prioritize public health over monopolistic pricing.
Prominent leaders, legal experts, and civil society have expressed deep grief over his demise, celebrating him as a fearless administrator who put human lives above commercial interests.
