Evaluation of Rights Related to Public Health and Pharmaceutical Patents and Existing Conflicts According to National and International Laws

Abstract

Today, along with the relative expansion of public health around the world, various diseases such as AIDS, malaria, etc. are increasing in human societies. In this regard, the pharmaceutical industry is one of the most important industries that should be supported so that the inventors of new drugs have enough motivation to produce more effective drugs. On the other hand, the undeniable benefits of supporting pharmaceutical inventions pose a serious threat to developing and less developed countries, and may endanger the public health of these societies. In such situation, we should know which of these two principles is preferable to other and should be given priority: Public health as a basic human right or protection of pharmaceutical patents as an exclusive right of its owners? One of the most important issues discussed directly and indirectly in the World Trade Organization is ”public health”, especially the drug trade and the protection of pharmaceutical patents, and this organization has always protected the rights of drug inventors to maintain a balance between public health and freedom of access to medicine. Therefore, any legal system that wants to join this organization may face problems due to these two issues. This study aims to investigate the conditions and challenges of supporting pharmaceutical patents in legal systems in case of accession to the World Trade Organization.