Drug Patents Vs. Public Health: How India, The UK, And The US Balance Access To Medicines
- IJLLR Journal
- Jun 12
- 2 min read
Vrinda Sawhney, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Dr. Lakshmi Priya Vinjamuri, Professor of Law, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
ABSTRACT
Compulsory licensing in the pharmaceutical sector serves as a pivotal legal and ethical mechanism intended to balance public health needs and intellectual property rights. The price of essential medicines can be staggering especially in developing countries. Millions struggle to afford necessary treatments, leading to dire health outcomes. Pharmaceutical patents are essential for incentivizing innovation, but they often restrict access to life saving medicines. The government can approve the manufacturing of generic versions of patented medications without the patent holder's approval through a legal mechanism known as compulsory licensing, which guarantees access to reasonably priced medications in times of public health emergencies. Compelled licenses may be granted under certain circumstances in accordance with Article 31 of the TRIPS Agreement. The Doha Declaration of 2001 changed this by permitting member nations to grant mandatory licenses for the manufacture of pharmaceuticals meant for export to nations that can demonstrate they have limited or no capacity to manufacture pharmaceuticals. Between 2001 and 2021, there were 45 documented compulsory licensing episodes in the us and 17 comparator countries. Only a minority resulted in the actual issuance of a compulsory license, and even fewer led to a measurable price discount for pharmaceuticals. In high-income countries, compulsory licensing is rarely used as a direct response to high drug prices. In contrast, developing countries like India and Brazil have used compulsory licensing to improve access to essential medicines, sometimes achieving price reductions of over 50%. In this article, the legal systems in India, the UK, and the US that regulate pharmaceutical patents and compulsory licensing are compared. Through case studies and a detailed table of drugs, their patent status, and compulsory licensing outcomes, the article highlights the disparities in these jurisdictions. It concludes with policy recommendations to address existing gaps and promote equitable access to medicines globally.
Keywords: Pharmaceutical patents, compulsory licensing, India, UK, US, TRIPS Agreement, Doha Declaration, Public Health.
