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

Author

Listed:
  • Saima Butt

    (Department of Shariah and Law, International Islamic University Islamabad, Islamabad 44000, Pakistan)

  • Kamran Shaukat

    (Centre for Artificial Intelligence Research and Optimisation, Design and Creative Technology Vertical, Torrens University Australia, Ultimo, NSW 2007, Australia
    Department of Data Sciences, University of the Punjab, Lahore 54890, Pakistan)

  • Talha Mahboob Alam

    (Department of Computer Science, Norwegian University of Science and Technology, 7034 Trondheim, Norway)

  • Tony Jan

    (Centre for Artificial Intelligence Research and Optimisation, Design and Creative Technology Vertical, Torrens University Australia, Ultimo, NSW 2007, Australia)

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.

Suggested Citation

  • Saima Butt & Kamran Shaukat & Talha Mahboob Alam & Tony Jan, 2024. "Patents and Public Health: State Responsibility to Opt for a Balanced Approach," Societies, MDPI, vol. 14(8), pages 1-14, August.
    • Handle: RePEc:gam:jsoctx:v:14:y:2024:i:8:p:152-:d:1455200
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    References listed on IDEAS

    as
    1. Eduardo Urias & Shyama V. Ramani, 2020. "Access to medicines after TRIPS: Is compulsory licensing an effective mechanism to lower drug prices? A review of the existing evidence," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 367-384, December.
    2. Sundus Shukar & Fatima Zahoor & Sumaira Omer & Sundas Ejaz Awan & Caijun Yang & Yu Fang, 2022. "Experience of Pharmacists with Anti-Cancer Medicine Shortages in Pakistan: Results of a Qualitative Study," IJERPH, MDPI, vol. 19(23), pages 1-12, December.
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