Shristi Keshri, LL.M., Chanakya National Law University, Patna, Bihar, India
ABSTRACT
This research paper intends to talk about the abuse happening in the pharmaceutical sector. There is a tussle going on between the Patent Law and Human Rights law, regarding the right to life and right to have access to the essential life-saving drugs as a fundamental feature of human right. To examine as to what is more significant and holds a greater value, recognizing Right to Life as a basic human right or Inventor-ship/ authorship rights as human rights.
The problem with respect to the essential patented medicines is its exorbitantly high prices, which is beyond the purchasing power of many people. This is a very critical issue which should not be neglected. Making profits by having a monopoly in the market is one thing and denial of essential life-saving drugs cannot be equated by this. Also, patent protection is provided for a limited period i.e. 20 years after which the patent will fall in the public domain. So, many multi-national corporations (MNC’s) holding patents such as Pfizer, Novartis, Roche etc. often try to block or delay the competition by getting secondary patents on minor changes to the product, a practice which is known as ever greening of patents; so that the protection can be extended. By protecting a property right a life should not be put into danger.
The purpose of this research paper is to highlight the challenges that we have been facing for so long and even today and cite certain recommendations for the same.
Keywords: Right to life, Right to health, Monopolies, Patented medicines, access to essential medicines.
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