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Intellectual Property Rights In The Field Of Medicine




Ms. Mitali Singh, Amity University, Noida


ABSTRACT


The intersection of intellectual property rights (IPR) and healthcare, particularly in the field of medicine, presents a complex landscape with profound implications for innovation, access to essential medicines, and public health. This paper delves into the multifaceted dynamics of IPR within the healthcare sector, focusing on the pharmaceutical industry and the challenges it poses to equitable healthcare access. Drawing upon an extensive review of literature, the study evaluates the impact of IPR protection on healthcare innovation, pricing, distribution, and the advancement of new drugs and medical technologies. It examines the intricate relationship between IPR laws, human rights, and the right to health, emphasizing the importance of balancing innovation incentives with public health imperatives. Additionally, the research explores the role of international agreements such as the TRIPS Agreement in shaping IPR frameworks and their implications for access to medicines, particularly in low- and middle-income countries. Moreover, the paper discusses various strategies and initiatives aimed at addressing the barriers posed by IPR to access to essential medicines, including voluntary licensing agreements, technology transfer mechanisms, and the role of entrepreneurial innovation. Finally, the study underscores the urgent need for a holistic approach that prioritizes public health concerns, fosters innovation, and ensures equitable access to healthcare for all.


Keywords: Intellectual Property Rights (IPR), Healthcare, Innovation, Medicines, Pharmaceutical.

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.

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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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