Access To Medicines In Crisis: A Critical Analysis Of Compulsory Licensing Under TRIPS With Special Reference To Covid-19
- IJLLR Journal
- Jun 13
- 1 min read
Georgiya Mariya George, LLM (Public Health Law), National University of Advanced Legal Studies, Kochi
ABSTRACT
This article explores the intricate relationship between the right to health and the international intellectual property regime, particularly focusing on the TRIPS Agreement and the mechanism of compulsory licensing. Recognizing health as a fundamental human right, the study examines how patent laws, while incentivizing innovation, can also create barriers to the availability and affordability of essential medicines. Through detailed analysis of Article 31 of the TRIPS Agreement and the flexibilities it offers, such as compulsory licensing, parallel importation, and research exceptions, the article underscores the legal avenues available to member states to prioritize public health over private patent rights. The Doha Declaration of 2001 is highlighted as a pivotal moment that reaffirmed countries’ sovereign rights to issue compulsory licenses in the face of public health emergencies. The article also surveys significant international case studies from countries like Canada, Thailand, Israel, and India, demonstrating the practical application of these flexibilities. Additionally, it reflects on the COVID-19 pandemic to illustrate the critical role of compulsory licensing and the push for a TRIPS waiver to ensure global access to life-saving technologies. Concluding with a rights-based and utilitarian approach, the article argues for a balanced framework that ensures equitable access to healthcare without undermining the innovation ecosystem. It calls for a reimagined global IP regime that aligns with humanitarian values and public health imperatives.
Keywords: Compulsory Licensing, COVID - 19, TRIPS, TRIPS Flexibilities
