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Analyzing The Impact Of Trips Agreement On Access To Essential Medicines: Balancing Patent Protection And Public Health Concerns




Deepanjali, Research Scholar, Sharda School of Law, Sharda University, Greater Noida

Dr. Mandeep Kumar, Research Scholar, Sharda School of Law, Sharda University, Greater Noida


ABSTRACT


The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, a pivotal component of the World Trade Organization (WTO) framework, has long been a subject of intense debate due to its influence on the accessibility of essential medicines. It delves into the intricate relationship between patent protection and public health concerns within the context of the TRIPS Agreement, aiming to shed light on the multifaceted impacts it has had on global healthcare systems. It also contributes to the ongoing discourse surrounding the TRIPS Agreement and its ramifications on global health by synthesizing legal, economic, and public health perspectives. By analysing the impact of the agreement on access to essential medicines, it underscores the significance of striking a harmonious balance between patent protection and public health imperatives, thereby advocating for reforms that ensure equitable and affordable healthcare solutions for populations worldwide. Through legal, economic, and public health lenses, this study examines cases where patent regulations have impeded generic medicine availability, disproportionately affecting vulnerable populations. It acknowledges the legitimate concerns of pharmaceutical innovators while advocating for policy adjustments to ensure affordable medicine access. By navigating the tension between intellectual property protection and public health needs and optimizing the TRIPS Agreement's implications for equitable global healthcare.


Keywords: Public Health, TRIPS, Patent, Healthcare System, Legal.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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