Legal Conundrum Of Pharmaceutical Patents And Healthcare In India

Ankita Priya, LLM, School of Law, Galgotias University, Greater Noida

ABSTRACT

The research will look into the issues and limitations associated with TRIPS- compliant patent laws, as well as their influence on the pharmaceutical industry and public health in India. TRIPS clauses are seen to neglect some legitimate interests of developing nations, particularly India, and may cause issues for them. TRIPS has also mandated the patenting of pharmaceutical treatments.

The provisions of the TRIPS agreement that impose product patenting of pharmaceutical medicines violate a citizen's fundamental right to life and health, because product patenting of medicines and drugs will raise the price of medicines, preventing the poor and middle class from purchasing life- saving drugs in developing countries like India. Doctrinal or non-empirical legal research is the focus of this subject. The researcher attempted to assess the TRIPS agreement's terms and determine their influence on India's pharmaceutical industry parallel to the healthcare system of India. This paper also tries to cover the idea of compulsory licensing as a solution to the conundrum of health care and pharmaceutical patents.

Keywords: TRIPS, pharmaceutical patents, healthcare, developing nations, etc.