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Pharmaceutical Patent Rights And Right To Health; A Need Of Optimum Balance

Manu Joseph G, Student, Post-graduation department, ILS Law College, Pune


According to World Health Organization at least one third of the world population does not have regular access to essential medicines. Public health and lack of access to essential medicines are global issues. This issue is multifaceted. Wide varieties of factors contribute to this issue, from inadequate health care systems to corruption. This research limits itself to the role of patent protection in the medical field on the access of medicines. The fact that the patent protection leads to a monopoly stage is a major reason for the higher medicines is justified by the pharmaceutical companies as essential in order to recoup their substantial research and development costs. Thus, with the rights of pharmaceutical patents the pharmaceutical industries aim to recoup its investment and they prefer profitable markets for this purpose. Unfortunately, the patients in developing countries, lacking resources does not provide a profitable market. As a result, largest part of health-related research and development are targeted mainly towards the patients in the developed countries. This article deals with the need of correct balance between the protection of pharmaceutical patent rights extended to a manufacturer or researcher and right to health of the public. The article also includes the suggestions of the researcher to bring such balance at the domestic level.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​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.


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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