Abstract

This essay will interrogate the legality of medical patents, arguing that one ought to reject the traditional utilitarian framework often used to justify IP law. Instead, this essay will turn to a more deontological justification for IP rights in UK law.

Highlights

  • | This essay will interrogate the legality of medical patents, arguing that one ought to reject the traditional utilitarian framework often used to justify IP law

  • This argument is strong on two counts; it is within the spirit of historical and contemporary intellectual property law in the UK and EU, but it is an argument that especially fits the field of medical IP law

  • For the sake of brevity, it will analyse this through a utilitarian point of view. It will describe some key landmarks in British IP law and show how our argument is within the spirit of this legislation

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Summary

Introduction

| This essay will interrogate the legality of medical patents, arguing that one ought to reject the traditional utilitarian framework often used to justify IP law. Before anything else it is essential to argue and prove that it is justified to give companies who develop new medicines almost monopolistic rights over the invention for a relatively long period of time.

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