RE-EVALUATING THE RELATIONSHIP BETWEEN PATENT RIGHTS AND HUMAN RIGHTS FOR THE ENHANCEMENT OF ACCESS TO ESSENTIAL MEDICINES

Jennifer Heaven Mogekwu Mike

Abstract


This article analyses the relationship between patent rights and human rights with a view to making a case for broader access to medicines, as a right to health. From a human rights perspective, this paper points to the issues and conflict that arise between patent and human rights. It is argued that patent rights in national laws and the TRIPS Agreement do not exist in a socio-economic and cultural vacuum; instead, they should be enforced and interpreted with regards to public interest and human rights. It is also argued that human rights to health, provide a significant socio-economic and cultural framework for the consideration of patent rights and its effect on the right to access medicines. The study adopts a doctrinal methodology approach to examine, and evaluate the issues that have arisen in the context of patent protection of pharmaceuticals and its effect on women’s human right to access medicines. It recommends that states adopt a public interest, from a human rights perspective, to address issues of access to medicines in light of patent right.

Keywords


Access to medicines, patent rights, moral and material interests of inventors, right to health

Full Text:

PDF

Refbacks

  • There are currently no refbacks.