In a knowledge economy where knowledge is considered private property and is thus deserving of full protection under the law, Intellectual Property laws play a fundamental role in ensuring stability and predictability. However, it has been suggested that these laws undermine public health by tending to put the cost of essential medicines far beyond the reach of those who desperately need it most.
This dissertation endeavors to examine the tension between intellectual property law and the right of the patient to health care, and to explore the specific ways that the latter can be compromised by the former. It will also look at the possible solutions to overcome this problem and create an intellectual property regime that will put health over profit and patients over patents.
In the "DOHA declaration on TRIPS and Public Health" of 2001, states that were members of the World Trade Organization (WTO) guaranteed that when a country is undergoing a public health crisis, it is not bound by its patents commitments. A consensus was reached that the provisions in the WTO having to with patents should be interpreted liberally in favor of the patient, and in favor of granting access to essential medicines. ...Show more