Indian Legal Framework in Shaping Patents Regime in the Healthcare Sector vis-à-vis Securing Right to Public Health

Abstract

The patents regime in healthcare sector and its tussle with right to public health is a long controversial saga. The crux of matter which is debated focuses upon providing patent rights that reduces the accessibility of cost-effective healthcare services, particularly in developing country. The counter point to this has remained that providing patent allows nurturing of research and development in the healthcare sector, which promotes the healthcare industry to take initiatives to tackle various health related problems and provide better treatment. According to the rival opinions presented in the aforesaid, the centre of the issue is health, therefore it is necessary to discuss the corresponding rights of citizens and duties of the government to make healthcare industry favourable.