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Intellectual Property Rights And Healthcare Accessibility




Dr. J. Devi, Assistant Professor, Govt. Law College, Chengalpattu

Dr. K. Gowri, Assistant Professor, Govt. Law College, Trichy


ABSTRACT


As a founding member of the World Trade Organization, India has an obligation to ratify the Agreement on Trade-Related Aspects of Intellectual Property Rights. The COVID-19 pandemics have brought attention to the issues that were brought up during the negotiations, including high drug prices, market exclusivity, and delayed generics entry. The World Health Organization’s mission to address the intersection of innovation, intellectual property, and medical access has been reaffirmed and expanded over time to include assisting nations in implementing TRIPS flexibilities in cooperation with interested parties. This study examines how intellectual property affects Indian citizens' ability to obtain medicines and also examines how India complies with the flexibilities granted by the Agreement on Trade-Related Aspects of Intellectual Property Rights and examines the changes made to India's patent legislation and assesses the consequences for public health protection.


Keywords: Patent, Intellectual property law, Compulsory Licensing, Access to Medicines, Covid-19, TRIPS, WHO, Market entry, Right to Health, Human Rights, Patents Act.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

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.

 

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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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