Legal Perspective on Access to Medicines and Innovation: Balancing Right to Health With Patent Protection

Title

Legal Perspective on Access to Medicines and Innovation: Balancing Right to Health With Patent Protection

Creator

Pandey, Ananya

Description

This chapter examines the intricate legal and policy conflicts between the right to health and the global intellectual property system that regulates pharmaceutical patents. Although patents encourage innovation, they frequently result in obstacles to the affordable availability of essential medicines, especially in low-and middleincome countries. This chapter explores the legal bases of the right to health, the TRIPS Agreement along with its flexibilities, and investigates ways in which national and international legal structures can align the need for innovation with public health needs. Case studies from India, Brazil, and South Africa demonstrate the challenges and opportunities associated with reform. It also assesses different innovation models and provides legal and policy suggestions for reconciling patent law with human rights duties, especially regarding global health emergencies like COVID-19. It concludes by pinpointing future research avenues, such as legal strategies for addressing new biotechnologies and readiness for worldwide pandemics. 2026, IGI Global Scientific Publishing. All rights reserved.

Source

Bioethics and Legal Aspects of AI in Healthcare and Life Sciences;pp.85-105

Date

01-01-2025

Publisher

IGI Global

Coverage

Pandey A., Christ University, Bangalore, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISBN: 979-833735648-8; 979-833735646-4;

Format

online

Language

English

Type

Book chapter

Identifier

https://doi.org/10.4018/979-8-3373-5646-4.ch004

https://www.scopus.com/pages/publications/105022860695?origin=resultslist