REGIONAL AND GLOBAL PERSPECTIVES ON THE PATENT REGIME AND RIGHT TO HEALTH

By: ARBUDA SINGH

Abstract

The authors of this paper believe that by including a right to health viewpoint into patent disputes involving pharmaceutical goods, courts in poor nations may play an essential role in increasing access to health care in their country. Because iprs are still not civil liberties, the essay contends that they should never be permitted to override the right to health. The article looks at two prominent instances decided by Kenyan courts that show how important it is to incorporate a right to health viewpoint in order to improve access to medications. Finally, the report outlines main reasons why courts in undeveloped countries cannot afford to overlook the right to safety when deciding issues concerning pharmaceuticals patent rights.

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