A Balancing Approach on ‘Right to Patent’ and ‘Right to Health’ during the COVID-19 Pandemic

Abstract

This paper examines the global COVID-19 Pandemic, and the health sector’s response to it, with challenges to uphold Human Rights in a Crisis. There are difficulties for the people in accessing to medicines due to the restrictive role that is played by the patent system in the process of Intellectual Property Law. Therefore, there is a conflict between the Right to Patent and the Right to Health. With reference to the global Intellectual Property system, this article discusses the problems faced in access to medicines due to the intellectual property rights, and provides suggestions as to how these problems may overcome in the interests of promoting public health while balancing Right to Patent for the best interests of the society. To achieve this aim, qualitative methodology has been used by referring to primary and secondary sources of law.