Published on: August 13, 2024

Access to Medicines: A Cornerstone of the Right to Health – Part 1

This article series by Dr Preeti Chauhan draws upon the foundational knowledge presented during Day 1 of the five-day training on “Access to Medicines, TRIPS, and Patents in the Developing World,” organized by the Third World Network and Inter-University Centre for IPR Studies (IUCIPRS), CUSAT. The content is adapted from the core concepts introduced by Dr. Gargeya Telakapalli from Third World Network and Dr. Arathi PM, Mahatma Gandhi University, whose expertise was instrumental in shaping the understanding of the complex interplay between health rights, intellectual property, and access to medicines in developing countries.

Read previous article: Access to Medicines: A Cornerstone of the Right to Health

Introduction

This is the first part of the previous article in a series exploring the complexities of access to medicines. This piece will delve into the critical role played by Trade-Related Aspects of Intellectual Property Rights (TRIPS) and patents in shaping the global landscape of medicine accessibility, with a particular focus on developing countries.

The Right to Health: A Fundamental Human Right

The right to health, as enshrined in international human rights law, is a fundamental human right. It encompasses the right to access essential medicines, which are crucial for preventing, treating, and managing diseases. However, the high cost of medicines, often driven by intellectual property rights, has created significant barriers to access, particularly in developing countries.

TRIPS and Patents: A Double-Edged Sword

The TRIPS agreement, a cornerstone of the World Trade Organization (WTO), sets minimum standards for the protection of intellectual property rights, including patents. While intended to incentivize innovation, TRIPS has also been criticized for its impact on access to medicines. Patents grant exclusive rights to inventors for a specific period, allowing them to control the production and pricing of their inventions. While this incentivizes research and development, it can also lead to high drug prices, limiting access for those in need.

The Impact on Developing Countries, Especially India

Developing countries, including India, face unique challenges in ensuring access to medicines. Weak healthcare systems, coupled with high drug prices, often result in patients being unable to afford essential treatments. This is particularly acute for chronic diseases like HIV/AIDS, tuberculosis, and malaria. India, however, has emerged as a global pharmacy, producing affordable generic drugs.

To address this issue, TRIPS includes flexibilities such as compulsory licensing and parallel imports. India has been a pioneer in utilizing these flexibilities, particularly in the case of HIV/AIDS treatment. The country has also developed a robust generic drug industry, which has significantly reduced drug prices globally.

However, the pharmaceutical industry is evolving, with a growing emphasis on biologics and biosimilars. These products pose new challenges for India’s generic drug industry and access to medicines. Moreover, the increasing complexity of patent laws and the pressure to strengthen intellectual property protection continue to be concerns. In the next few articles, we will focus on discussing the complexities and international pressure on India to curb its legal flexibility and innovative pharmaceutical systems at length including the workings and history of TRIPS and Patents.

Balancing Innovation and Access

Finding a balance between incentivizing innovation and ensuring access to medicines is a complex challenge. While strong intellectual property rights are essential for promoting research and development, it is equally important to ensure that the benefits of these innovations reach those who need them most. India’s experience demonstrates that this balance is achievable through a combination of policy measures, industry development, and international cooperation.

Conclusion

The relationship between TRIPS, patents, and access to medicines is a complex issue with significant implications for global health. India’s journey in addressing these challenges offers valuable lessons for other developing countries. Close monitoring of TRIPS and patent developments, including tactics employed by pharmaceutical giants to extend patent life cycles, is crucial to ensure equitable access to essential medicines. In the following articles in this series, we will delve deeper into specific aspects of access to medicines, including the role of generic drug manufacturers and the impact of emerging technologies.

Read the next article in the series: Health Systems and Access to Medicines in India