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VOL. 7, ISSUE 2 (2025)
Human Rights approach to intellectual property and access to medicines
Authors
Dr. M Sreedhar
Abstract
The paper highlights on human rights approach
to intellectual property rights and access to medicines in healthcare sector in
India. A human rights approach to intellectual property (IP) and access to
medicines considers the right to health and the need for affordable
medicines. In the pharmaceutical industry, patents, trademarks, copyrights,
trade secrets and regulatory exclusivities play a vital role in protecting
pharmaceutical companies and creating a competitive landscape for drug
development. Intellectual Property Rights law infringes on the different areas
of Human Rights law, especially when economic, social and cultural rights are
concerned. Intellectual property regimes request to balance the ethical and
economic rights of creators and inventors with the broader interests and
desires of the society. In
2025, the United Nations High Commissioner is to present a comprehensive
study on the human rights approach to intellectual property and access to
medicines. This article will be based on a compendium of good practices
and an analytical study on challenges. Access to medicines is a
fundamental part of the right to health. The right to health includes the
right to prevent, treat, and control diseases. The balance between access
and profit is a key issue in debates about intellectual property protection. Addressing the issue of antimicrobial resistance, the rise of
antimicrobial resistance poses a significant threat to global health. The
Trade-Related Aspects of Intellectual Property System (TRIPS) agreement is the
most comprehensive international agreement on intellectual property
protection. The TRIPS agreement includes exemptions and amendments, called
"flexibilities". The TRIPS agreement can be used to support
public health policies that promote access to medicines. The TRIPS
agreement can be used to facilitate access to medicines in other
countries. The patent system can stifle innovation. The patent system can
divert patents from their purpose of encouraging innovation. The patent system
can negatively affect early access to cheaper alternative products.
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Pages:9-13
How to cite this article:
Dr. M Sreedhar "Human Rights approach to intellectual property and access to medicines". International Journal of Social Science and Humanities, Vol 7, Issue 2, 2025, Pages 9-13
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