Pharmaceutical Patents, Innovation, and the Right to Hea

Pharmaceutical Patents, Innovation, and the Right to Hea

There have been rapid strides in developing laws related to pharmaceutical patents in recent years at the global level. The scope of patentability of pharmaceutical patents has increased and has been codified under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The adoption of the TRIPS Agreement resulted in significant changes to the laws related to patents for developing countries, which are the ers of the World Trade Organization (WTO). The developed nations have contended that patents in the medical field are essential for the promotion of research and innovation. They believe that only a strict patent protection regime catalyzes the development of better medicines and techniques. However, this often results in excessive patenting and monopoly over certain drugs. This drives the prices of the drugs up and makes them inaccessible to a large section of the population, particularly in developing and least-developed countries (LDC’s). The scenario regarding vaccine-related patents during the Covid-19 Pandemic was grim since profits were prioritized over people's Health. The pharmaceutical companies were inclined to secure profits and protect their research from being used elsewhere. This amplifies the debate between the protection of Intellectual Property Rights and the Right to the Health of people. The developed countries have contended that the exceptions provided under TRIPS are sufficient to safeguard the health rights of the general populace in developing and LDC’s. However, the experiences of the developing countries with the implementation of the exceptions to the TRIPS have yet to be fruitful, with developed countries repeatedly pressuring them into protecting patents at the expense of the Health of their citizens. Geopolitical tensions could further aggravate this. This is evidenced by the sanctions imposed on Russia by the West, which stares at a situation in which Western Pharmaceutical Companies can deny it access to medicines. The unavailability of modern medicine can adversely impact the Human Rights of its citizens in such a scenario. The tensions between different nations can flare over anytime, and the rigid application of TRIPS can be catastrophic to the health rights of the citizens. The article analyses the exceptions under TRIPS and their Effectiveness in protecting the Right to Health. It also suggests modification in the existing Intellectual Property Regime related to pharmaceutical patents to ensure that the Right to Health is not compromised.