Patents and Public Health: Balancing Innovation and Access to Medicines

Dev Singh; Anmol Shree

Patents and Public Health: Balancing Innovation and Access to Medicines

Author(s)	Mr. Dev Singh, Mr. Anmol Shree
Country	India
Abstract	The world has widely recognized the right to health as a fundamental right in various international instruments, yet it has been observed that the same constantly collides with the global patent regime governing pharmaceutical products. This paper aims to critically examine the complex relationship between intellectual property rights, particularly as stated under the WTO’s TRIPS Agreement, and the need for equitable access to patented medicines. Through an analysis of international legal instruments like the UDHR and ICESCR, as well as some pivotal case law, policy frameworks, and the Doha Declaration on TRIPS and Public Health, this study explores the far-reaching implications of patent laws on the affordability and availability of essential drugs, particularly in low- and middle-income countries. The paper highlights the landmark decisions made by the judiciary, the growing need for generic medicines, and the constant challenges including high pricing, limited local production, and the political economy of global health governance. It also explains how bilateral trade agreements and TRIPS-plus provisions further exacerbate access barriers, and to reduce the same, it also suggests the role of generic drugs, which lays ways for the world through which one can achieve equitable medical access, which stands as one of the important goals of human rights law. The study also preaches for a human rights-based approach for medical access that is grounded in legal obligations and moral imperatives, emphasizing structural reforms in global patent governance, corporate accountability, and pandemic preparedness, also highlighting the need for structural reforms in global patent governance, stronger corporate accountability, transparent pricing mechanisms, and strict pandemic preparedness strategies. Despite the constant challenges faced, it tries to conclude with actionable recommendations aimed at balancing innovation with equity and ensuring that life-saving medicines are treated not as luxuries, but as universal entitlements and thereby promoting human life growth.
Keywords	Keywords: Right to Health, Patented Medicine, TRIPS Agreement, Generic Drugs, Human Rights Approach.
Published In	Volume 7, Issue 3, May-June 2025
Published On	2025-06-30

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Patents and Public Health: Balancing Innovation and Access to Medicines

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