Abstract
Right to health is an important human right without which the human right to dignity cannot be attained. Though it is not guaranteed as a separate fundamental right under the Constitution, yet our courts have beautifully interpreted the same under Article 21 which talks about the Right to Life. the challenge in this paper is to critically analyse the patent law which though abides by the TRIPS obligations but does it also abide by right to health which is of prime importance to a developing country. This paper is written in the light of recent developments under the right to access to medicines and medical care in India
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