COMPARATIVE ANALYSIS OF JURISDICTIONS IN PATENT LAW AND PUBLIC HEALTH
AUTHOR – KALPANA KUMARI, LL.M(IP), AMITY LAW SCHOOL NOIDA
BEST CITATION – KALPANA KUMARI, COMPARATIVE ANALYSIS OF JURISDICTIONS IN PATENT LAW AND PUBLIC HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 88-95, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract:
The intersection of patent law and public fitness provides a complicated mission for policymaker global. While patents incentivize pharmaceutical innovation with the aid of granting transient monopolies, they also can put off the access of affordable frequent medicines, affecting get right of entry to existence-saving tablets, specifically in low- and middle-earnings nations. Different jurisdictions have adopted varied tactics to stability intellectual belongings rights and public health priorities.
This examine offers a comparative analysis of four key jurisdictions—America, the European Union, India, and developing countries—to have a look at how their prison frameworks impact drug pricing, innovation, and get admission to drug treatments.
The United States follows a patent-friendly approach, strengthening pharmaceutical monopolies thru evergreening, patent thickets, and regulatory exclusivity extensions. The Hatch-Waxman Act (1984) targets to balance innovation and widely wide-spread opposition, but prison loopholes frequently postpone less costly alternatives.
The European Union implements Supplementary Protection Certificates (SPCs) to increase patent lifestyles however lets in standard access via the Bolar exemption. Stronger drug fee regulation mechanisms make medicines more accessible than inside the U.S.
India adopts a seasoned-public health stance, with Section 3(d) of the Patents Act (1970) stopping evergreening and compulsory licensing provisions selling prevalent competition. As a end result, India has emerge as a global hub for affordable medicine manufacturing.
Developing countries face significant demanding situations, inclusive of excessive drug charges, weak home pharmaceutical industries, and strict patent regimes. However, a few have leveraged obligatory licensing and parallel importation to improve remedy accessibility.
By analyzing these jurisdictional differences, this examine highlights fine practices for balancing patent safety with public fitness imperatives. It underscores the need for coverage reforms and global cooperation to make certain that highbrow assets legal guidelines do no longer become limitations to affordable healthcare.