PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH

AUTHORS – MR. VAIBHAV VOHRA* & PROF. (DR.) HARSHITA SINGH**, STUDENT* AND ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – MR. VAIBHAV VOHRA & PROF. (DR.) HARSHITA SINGH, PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1496-1506, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Public health, innovation, and access to necessary medications are all significantly impacted by the complex environment that arises when intellectual property rights (IPR) and healthcare, particularly in the medical field. With a focus on the pharmaceutical industry and the obstacles it presents to equitable healthcare access, this paper explores the complex dynamics of intellectual property rights (IPR) in the healthcare sector. This research assesses how intellectual property rights (IPRs) protect healthcare innovation, costs, and the development of new medications and medical technologies by consulting a wide range of published works. It looks at how intellectual property rights, human rights, and the right to health are intertwined and highlights how crucial it is to strike a balance between incentives for innovation and public health requirements. Research also looks at how international agreements like the TRIPS Agreement influence intellectual property rights frameworks and how that affects people’s ability to obtain medications, especially in low- and middle-income nations. Furthermore, the study addresses a range of tactics and programs, such as technology transfer mechanisms, voluntary licensing agreements, and the contribution of entrepreneurial innovation, that attempt to mitigate the obstacles that intellectual property rights (IPR) present to the availability of essential medications. Ultimately, the research highlights the pressing requirement for a comprehensive strategy that gives public health issues top priority, encourages innovation, and guarantees everyone has fair access to healthcare.

KEYWORDS – Pharmaceuticals, Patent protection, Medication, Exclusive rights, Intellectual Property Rights