PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE

AUTHOR – SNEHA SAHA, LEGAL PROFESSIONAL

BEST CITATION – SNEHA SAHA, PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 791-804, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Intellectual property rights regulate the rights of patent owners and regulate the right to develop inventions through the patent law. This contributes to the important parts of the pharmaceutical sector. Since this right protects the owner of the patent, the invention has a monopoly right, so it creates obstacles to a particular community. The patented system determined by the global administration motivates research and development to new drugs to ensure new medicines is brought in market. This is to strengthen the public health, but patent owners always receive monopoly rights which delayed in access and general purposes and create obstacles to the public’s essential medicine. The basic aspects of public right to health are very important, but access to major drugs is still a problem, just like countries with low and average income. The various international systems, including WTO, WIPO, WHO, TRIPS and also Doha Declaration, are based on medical availability and costs of medicine. The current patent law can harmonize public health management requirements with various innovative requirements, along with a method of restricting the implementation of patent law to right to health to some extent. Investigations and research on reliability and restrictions on existing laws such as compulsory licenses, patent pooling models are overcoming social demands and the introduction of patents generated by obstacles. The goal is to solve inequality on public health and medical approaches and also promote the rights of inventors simultaneously.

Keywords: model existing, pooling patent, health, public, licensing, diseases, pharmaceutical