Patent Laws And Its Legal Justifications

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About a third of the total world population has no access to essential drugs, and more than half of this group lives in poor regions of Asia and Africa (Sterckx 21). There are many factors that affect the accessibility of drugs to patients in developing countries, one of them being the patent system. Patent is an intellectual property right that relates to innovations and grants exclusive ownership right of an invention to a patentee, and protects the patented product to reproduction, using, selling, importing, or process producing the patented product (John and Wendy 1). This paper explores the patent law in India in relation to its legal justifications(domestic and international), as well as the ethical considerations in relation to patent medical drugs. The purpose of the patent system is to encourage innovations by ensuring that they are protected and utilized in a way that contributes to the development of industries, and to promote technological innovation and dissemination of technology (John and Wendy 1). Patent laws are territorial in nature and are not enforceable to another country from which they were not issued unless there is separate patent applications filed in those countries. However, when it comes to protecting medical drugs, the patent system becomes a controversial issue, and this majorly relates to the provision of drugs in developing countries.
While patent protection for pharmaceutical products in the developing world may serve to promote the
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