Pharmaceutical Patent in the Dock oh Human Rights: A Conflict with Right to Access Medicine.

University essay from Uppsala universitet/Juridiska institutionen

Abstract: Intellectual property laws bestow a time bound individual right to a right holder, which after a certain period dissolves into the society for the betterment of all. In theory it is meant to be a win-win situation for both individuals and the society but in practice it is not so. The purpose of this research paper is to investigate the reason of Intersection of IPR with Human Rights in the context of Pharmaceutical Patenting and access to medicine.’   In the body part of this paper, research questions have been distributed and discussed in separate chapters, starting from chapter 2. The chapters start from the legal framework of patent protection and right to health provisions enshrined in different international, regional instruments. The paper further continues with the discussion about the positive and negative sides of the patent protection of pharmaceuticals, in third chapter. Then in fourth chapter it tries to examine the situation of access to medicine in developed countries, United States of America and European Union and in developing countries, India and Brazil. In the fifth chapter, the paper discusses and examines about, who should be accountable for providing access to medicine. Moreover, the sixth chapter discusses the efforts provided by TRIPS flexibilities and the court cases in harmonizing intellectual property law to provide medicines’ accessibility and affordability. With summary, conclusion and recommendations in the end.

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