Interface between Human Rights and IPR with special reference to the Patent Regime in India & Right to Health in India

The evolving interface between human rights and intellectual property rights (IPRs) poses significant challenges, particularly in the field of healthcare. While human rights, including the right to health, have been recognized around the world most notably through instruments such as the “International Covenant on Economic, Social, and Cultural Rights (ICESCR)” and General Comment No.14 the TRIPS Agreement's growing emphasis on patent protection has raised concerns about equitable access to essential medicines. The high cost of patented drugs frequently prevents people in developing countries from receiving life-saving treatment, exacerbating global health disparities. This study investigates the complex relationship between India's patent regime and the Right to Health, with a focus on the legal, economic, and ethical aspects of pharmaceutical patenting. It critically examines Section 3(d) of the Indian Patent Act, 1970, which seeks to strike a balance between pharmaceutical companies' innovation incentives and the availability of low-cost medicines for the poor. The paper examines the impact of India's adherence to TRIPS, the Doha Declaration, and global IPR frameworks, emphasizing India's proactive role in promoting public health equity. Using case studies and insights from the COVID-19 pandemic, the paper promotes a rights-based approach that incorporates IPR awareness, patent law reforms, and international cooperation. It concludes that sustainable development necessitates balancing economic interests with human rights obligations, and that patent protections do not jeopardize the universal Right to Health.