PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA
AUTHOR – ABHISHEK KUMAR, STUDENT AT AMITY UNIVERSITY PATNA
BEST CITATION – ABHISHEK KUMAR, PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 76-81, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The tension between intellectual property rights and public health stands as one of the defining dilemmas of our era. Patents, while intended to incentivize innovation—particularly in pharmaceuticals—often have the unintended consequence of restricting access to essential, life-saving medicines. Elevated prices, patent monopolies, and supply chain barriers routinely leave millions, especially those in low- and middle-income countries, without the treatments they need. Within this global landscape, India holds a pivotal position; as a leading producer of affordable generic medicines, it serves as an indispensable resource for nations facing significant health challenges. This study critically examines the global crisis of access to medicines, illuminating the persistent gap between pharmaceutical innovation and public availability. Diseases such as malaria, tuberculosis, dengue, and HIV continue to disproportionately impact the world’s most vulnerable populations, yet market priorities tend to favour profit over pressing health needs. The analysis addresses key aspects of patent law, including the rationale and inherent challenges of granting exclusivity, as well as international frameworks—most notably the TRIPS Agreement—that govern the accessibility of medicines worldwide. In the Indian context, measures such as Section 3(d) of the Patents Act, compulsory licensing, and parallel importation have played a significant role in curbing practices like “ever greening” and ensuring the supply of affordable drugs. The strength of India’s generics industry has, in effect, contributed to saving millions of lives internationally. Further, the study assesses the responsibilities of the pharmaceutical sector, weighing the ethical imperative to balance profit motives with public welfare. It also explores emerging legal and technological solutions, including patent pools, voluntary licensing, advancements in AI-driven drug discovery, and open-source initiatives. Policy recommendations centre on maintaining legal flexibilities, fostering research for neglected diseases, leveraging technological developments, enhancing regulatory oversight, and expanding access to affordable healthcare.
Key words: incentivize, pharmaceuticals, leveraging, pivotal, dilemmas