Patents in Medicine and Health as an Integral Human Right

Abstract

This article focuses on the relationship between medical patents and the right to health as an integral human right. The divergent interests involved in this issue are evaluated from the perspective of international law, which seeks to reconcile conflict through treaties and agreements of international organizations to find the balance best suited to benefit humanity. This study highlights the tension between patent law covering medicines and vaccines and the health needs of vulnerable populations in areas affected by armed conflicts and pandemics. In today’s globalized world, sometimes referred to as the knowledge society, conflicts between patent rights and the human right to health are best resolved using transparent international institutions designed to promote international cooperation.