Public health and international patent protection

Abstract

After the coming into force of TRIPS Agreement much importance has been given to the concept of public health. Doha Declaration on Public Health provides a legal basis for interpreting the TRIPS Agreement as consistent with public health objectives and for using the flexibility of the agreement for this purpose. However, these efforts could not resolve the apparent conflict between public health and patent protection. The right to health is a basic human right of every person and includes the right to access the essential drugs. However, right to public health cannot be ensured when there is no certainty as to the legal status of the Doha Declaration. Issues, such as, how much weightage will be given to the Declaration when the WTO Panel or the Appellate Body is adjudging a dispute which affects public health, are bound to arise.