TRIPS, PATENTS, AND THE RIGHT TO HEALTH: LEGAL BARRIERS TO EQUITABLE ACCESS TO BIOTECH INNOVATIONS

AUTHOR – R.SRIVINITHRA & A.MAGESH KUMAR

ASSISTANT PROFESSORS AT VELS INSTITUTION OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES

BEST CITATION – R.SRIVINITHRA & A.MAGESH KUMAR, TRIPS, PATENTS, AND THE RIGHT TO HEALTH: LEGAL BARRIERS TO EQUITABLE ACCESS TO BIOTECH INNOVATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 766-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

The research paper analyses the conflict between Right to Health and Intellectual Property Rights under TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement. The paper will discuss the accessibility to biotechnological innovations like vaccines, medicines etc with special reference to low , middle income countries which get affected due to the legal restrictions laid by TRIPS. The agreement has limited their ability to access and develop life-saving biomedical innovations, despite the fact that the agreement was intended to promote innovation and standardize global patent protections. These differences were brought to light by the COVID-19 pandemic, as supply shortages and patent restrictions hindered the equal distribution of vaccines in the face of international health crises. The paper will examine if International Human Rights Law (e.g., the right to health under ICESCR) be reconciled with IP protection