Open Access Research Article

PATENTS OR PATIENTS: REBALANCING PHARMACEUTICAL INTELLECTUAL PROPERTY AND THE RIGHT TO HEALTH IN INDIA

Author(s):
ARSHIYA NANDAL SHARAD PRATAP SINGH
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-28431222/PATENTS OR PATIENTS: REBALANCING PHARMACEUTICAL IN
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Abstract

Abstract
India occupies a paradoxical position in the global pharmaceutical landscape. Dubbed the "pharmacy of the developing world," it supplies generic medicines to millions across Africa, Asia, and Latin America. Yet this very capacity rests on a patent regime that, until 2005, recognised only process patents, not product patents, in pharmaceuticals. The World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights compelled India to introduce product patent protection for pharmaceuticals, fundamentally altering the legal architecture that had enabled its generic industry to flourish. The resulting tension between patent rights and the right to health is not merely economic; it is constitutional. India's Constitution guarantees the right to life under Article 21, which the Supreme Court has interpreted to encompass the right to health and access to essential medicines. This article examines the doctrinal, statutory, and constitutional tensions between pharmaceutical intellectual property and the right to health in India. It traces the evolution of India's patent regime from the Patents Act of 1970 through the TRIPS-mandated amendments of 2005, analyses the judicial construction of Section 3(d) as a bulwark against evergreening, evaluates the operation of compulsory licensing under Section 84, and interrogates the constitutional foundations of the right to health. Drawing on comparative developments in South Africa, Brazil, and Thailand, and grounding its analysis in international law including the Doha Declaration on TRIPS and Public Health, the International Covenant on Economic, Social and Cultural Rights, and the General Comment No. 14 of the Committee on Economic, Social and Cultural Rights the article proposes a framework for rebalancing pharmaceutical intellectual property and the right to health that is rooted in India's constitutional commitments, faithful to its TRIPS obligations, and responsive to the realities of a country where millions lack access to essential medicines.

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Author Details

Authors: ARSHIYA NANDAL & SHARAD PRATAP SINGH
Registration ID: 1013171 | Published Paper ID: IJLRA13171 & IJLRA13172
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 930-948

Article Information

PATENTS OR PATIENTS: REBALANCING PHARMACEUTICAL INTELLECTUAL PROPERTY AND THE RIGHT TO HEALTH IN INDIA

Authors: ARSHIYA NANDAL, SHARAD PRATAP SINGH

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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