Abstract

This article analyses the role of Intellectual Property Law (IPR) and Competition Law in promoting access to medicines, with a particular focus on their complementarity. Despite being seemingly at odds with each other, the article argues that both legal frameworks can promote innovation, protect consumer welfare, and ensure fair and transparent competition. Specifically, competition law can intervene to ensure that the patent holder is not abusing their exclusive rights, promote fair licensing practices, and provide a framework for resolving disputes related to IPRs. IPRs, on the other hand, incentivize companies to invest in research and development, leading to new products and services and increased competition in the market. The article highlights the COVID-19 pandemic's importance in reflecting on the need for equal access to medicines and the critical role played by IPR and competition law in promoting it. The article concludes that a balanced approach that considers both legal frameworks is essential to ensure that the benefits of innovation are maximized while anti-competitive practices are prevented.

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