Intellectual Property Rights and Right to Health: An International Perspective

Abstract

Right to health is protected under the international law and World Health Organization (WHO) bounds the member states to ensure the basic health facilities to its citizens. Intellectual Property Rights (IPRs) are also protected internationally under the umbrella of WTO. WTO also compels the member states to provide minimum protection to IPRs as prescribe by the TRIPS Agreement. The object of this research is to find out a middle way for the member states when conflict arises between right to health and patent protection as exclusive patent monopolies leads towards the high prices of medicines and hindered state authorities to perform its duties regarding the health of its citizens. Methodology has been applied for this research is primarily analytical and bears the qualitative aspect of the issue. This research concluded that state powers seemed to be circumscribe after the implementation of TRIPS Agreement but Doha Declaration circumvent the state powers and it is clearly elaborated in Doha declaration that whenever conflict is arises between right to health and IPRs than right to health will prevail. This research further recommends the developing countries not to indulge in FTAs which restrict the use of TRIPS flexibilities for public health.