The Laws Governing the Patent of Drug Inventions and Access to Essential Medicines from the Standpoint of Human Rights

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Rahim Baghban ¹ , Mohsen , Molaei Fard ²

1 - Assistant Professor of the Department of Law , Faculty of Law , Political Science and foreign languages , Mashhad Branch , Islamic Azad University ,Mashhad ,Iran.
2 - teacher of the Department of Law , Faculty of Law , Political Science and foreign languages , Mashhad Branch , Islamic Azad University ,Mashhad ,Iran

Received: 2021-01-13 Accepted : 2021-03-08 Published : 2021-05-22

Keywords: the right of patent of drug inventions, TRIPS, the right of access to basic drugs, compulsory licensing,

Abstract :

AbstractThe patent of drug inventions plays an important and effective role in production and innovation in drug industry and the related researches. The guarantee of a drug quality and its price ceiling in turn guarantees the consumer's interests regarding the access to high quality drugs, on one hand, and protecting investment, research, and development, on the other hand. Beyond patent of drug inventions, there are also various obstacles to access to medicines which may have negetave effects on access to medicines in the developing countries. Other factors also play a role in this regard such as unobtainablity, inaccessibility, or high prices of medicines. By library and documentary approach, the present research analyses the existing laws governing the patent of drug inventions from the standpoint of human rights, which shows how the patent of drug inventions can effect the right of access to essential drugs and health.Necessary data were gathered using reliable internet sites, international governmental organizations and NGOs, related articles and books. And descriptive and analytical mthods were used to analyze the data. The results show that despite numerous barriers for access to essential drugs in poor and developing countries, the patent of drug inventions and the resulted iraising prices continues to be considered as the most important barriers for access to essential drugs which along with cultural, managerial, structural, economic weakness, and region-specific diseases lead members of a society towards crisis.