Patent Injustice and Right to Health

Abstract

This paper argues that existing intellectual property rights, specifically patents, perpetuate healthcare inequity by hindering access to essential medicines in developing nations. It identifies patent injustice, predominantly due to the Trade-Related Aspects of Intellectual Property Rights Agreement, as a key issue contributing to the healthcare disparity. Through the lens of justice theory, it critically analyses patent law justifications, illuminating their inadequacies and divergence from principles of fairness and equal liberty. The paper proposes a pattern of alteration in the rationale of patent rights, urging a transition from profit-driven motivations to principles derived from theories of justice, as advanced by Rawls, Sen, and Ubuntu philosophies. It focuses on the ethical imperative of integrating these principles into industry structures and patent systems. This novel approach prioritizes the health and well-being of all. The paper asserts that patents should be reformed to simplify equitable pharmaceutical access, highlighting the need for a systemic overhaul that de-emphasizes global health equity.