Intellectual Property Rights and Access to Medicines: Balancing Innovation and Public Health

Abstract

The intersection between intellectual property rights (IPRs) and access to medicines remains one of the most debated issues in global health governance. While patent protection serves as a crucial incentive for pharmaceutical innovation by granting temporary market exclusivity, it may also contribute to high drug prices and limited accessibility, particularly in low- and middle-income countries. This paper critically examines the tension between fostering innovation and safeguarding public health within the framework of international intellectual property law.
The study analyzes the impact of the TRIPS Agreement, the Doha Declaration on TRIPS and Public Health, and the use of policy tools such as compulsory licensing, parallel importation, and patent pooling mechanisms. It further evaluates the role of international organizations, national regulatory systems, and public–private partnerships in addressing affordability and equitable distribution of essential medicines. Case studies involving HIV/AIDS treatments, COVID-19 vaccines, and oncology drugs are discussed to illustrate practical challenges and policy responses.
Through comparative legal analysis, the paper highlights disparities in access across regions and emphasizes the importance of utilizing TRIPS flexibilities to promote public health objectives. The findings suggest that sustainable solutions require a balanced approach that combines strong but flexible IP protection with transparency, differential pricing strategies, global cooperation, and investment in local pharmaceutical capacity.
The paper concludes that reconciling intellectual property protection with public health imperatives is essential to achieving equitable healthcare outcomes and advancing global health security.