Pandemic Preparedness And Access To Patented Medicines: A Human Rights And Global Justice Perspective
- IJLLR Journal
- Jun 24
- 1 min read
Mr. Akshay Rathore, Babasaheb Bhimrao Ambedkar University
Mr. Sriyank Raj Singh, Babasaheb Bhimrao Ambedkar University
ABSTRACT
The COVID-19 pandemic exposed deep inequities in the global health architecture, particularly regarding access to life-saving medicines and vaccines. Despite rapid scientific progress and unprecedented public investments, vast populations in low- and middle-income countries were denied timely access to essential health technologies. This paper critically examines the role of intellectual property (IP) regimes—specifically the TRIPS Agreement—in obstructing equitable pandemic responses. It explores how patent protections created barriers to manufacturing and distributing vaccines and treatments, undermining the right to health and global solidarity during a crisis of unprecedented scale.
Through legal and comparative analysis, the paper investigates the shortcomings of TRIPS flexibilities and the political resistance to the proposed TRIPS waiver, which—despite support from countries like India and South Africa—was diluted due to opposition from wealthier nations. It also analyzes the structural flaws of global distribution initiatives such as COVAX, which, though well-meaning, lacked enforceable equity mechanisms and perpetuated existing global disparities.
The paper includes a comparative study of how India, the United States, the European Union, South Africa, and Brazil balanced public health obligations with IP protections during the pandemic. Grounded in a human rights and global justice framework, this research argues that the current patent-based system fails to uphold the right to health, especially in emergencies. It concludes by proposing legal and policy reforms—both international and domestic—to reorient IP regimes toward equity, solidarity, and universal access. The study calls for a shift from market-driven models to rights-based global health governance for future pandemic preparedness.
Keywords: Pandemic Preparedness, Access to Medicines, Right to Health, Global Health Justice, TRIPS Waiver.
