PHARMACEUTICAL PATENTS AND PUBLIC HEALTH

AUTHOR – AMRIT KUMAR SINGH, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – AMRIT KUMAR SINGH, PHARMACEUTICAL PATENTS AND PUBLIC HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 974-980, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The relationship between pharmaceutical patents and public health represents one of the most critical and contested intersections in contemporary legal, economic, and ethical discourse. Pharmaceutical patents, by granting exclusive rights to inventors for a limited period, have played a pivotal role in fostering innovation, encouraging investment in research and development (R&D), and driving advancements in medical science.^[1] At the same time, these exclusive rights raise significant concerns about access, affordability, and equity, especially in contexts where life-saving medicines are priced beyond the reach of millions. This tension between the private interests of patent holders and the collective needs of public health forms the core of a complex and enduring policy dilemma.^[2]

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[1] Agreement on Trade-Related Aspects of Intellectual Property Rights (adopted 15 April 1994, entered into force 1 January 1995) 1869 UNTS 299, art 27.

[2] Carlos M Correa, Intellectual Property and Public Health in the Developing World (OUP 2016) 45.