Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Access to Healthcare and Intellectual Property Rights Regulations

Author(s): Mohamad AyubDar

Right to health is a basic human right. This fundamental right and basic right is under assault in India from unrestricted Privatization, MNCs, “usual business approach”, profiteering policy of some hospitals, lack of state interventions and monopolistic tendency of intellectual property. Strong IPR mechanism and access to health care system is inescapable in the present day society. Intellectual property rights might build fencing walls, while accessing the vaccination, treatments, or technological progress to thwart covid-19 pandemic and access to the healthcare system. The present paper analyses the IPR regime from access to health perspective, further, to study the property through human rights perspective. In the present health crisis, the better use of IPR regulations to cope up with global pandemic will be discussed. Stirring efforts taken by World Intellectual Property Organization, World Trade Organization (WTO) and World Health Organization (WHO) through Trade-Related Aspects of Intellectual Property Rights Agreements (TRIPS), Doha Declaration and then the 30 August 2003 Compulsory License Import Export mechanism to prevent the misuse of patent right for acceleration of health over property standards. The innovator companies pertaining to the pharmaceutical sector must realise the coherence between international trade and intellectual property rights. In this paper, content analysis method based on reports, articles, papers and books have been used. This paper highlights how the IPR regime is creating a gated wall community who benefit from the status quo while the masses are suffering due to its application.

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