Patents and Public Health: State Responsibility to Opt for a Balanced Approach

Abstract

The topic of public health is indispensable to talk about. It is essential to discuss new inventions, new and improved treatments, and their efficiencies with different combinations, but one thing that is important to remember is whether these inventions are available for those in need. Availability concerns are linked with affordability, as the affordability of a drug determines its consumption; furthermore, affordability can lead to overconsumption. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement provides flexibility to control the misuse of patent monopolies. The object of this research is twofold: one is to investigate whether and how Pakistan incorporates TRIPS flexibilities in its national patent legislation, and the second is to find out the reason for unaffordable cancer treatment in Pakistan. This research highlights that the use of TRIPS flexibilities in Pakistan will help the state authorities to provide better health facilities to the public generally as well as particularly in cancer cases, as cancer treatment in Pakistan is unaffordable. The methodology applied for this research is primarily comparative and bears the qualitative aspect of the issue. This research concludes that Pakistan’s legal system fails to incorporate effective legal provisions related to TRIPS flexibilities, and it also highlights that the ever-greening of patents results in the high prices of cancer medicines in Pakistan. This research further recommended that there is a dire need to incorporate and use TRIPS flexibilities in the country to control the high prices of cancer treatment and cancer mortality rate in the country.