Challenges between Access to Medicine and Pharmaceutical Patents

Abstract

From one hand, the interests of inventors and pharmaceutical firms, and from other hand, the right of access to medicine specially for the people who live in developing or law developed countries, has forced global Organizations to find a solution for this problem. Because of this reason, international Conventions and Agreements have predicted solutions to help developing countries considering provisions for access to medicine. The aim of this research is a study of Challenges between Access to Medicine and Pharmaceutical Patents and offering solutions applied to make balance between these rights. Materials and Methods: The research method in this paper is descriptiveanalytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: Pandemic diseases lead to a Crisis. People all over the world are anxiously following the efforts that are being exerted by scientists whose prime aim is to find (invent) a curative medicine. The challenges between pharmaceutical patents and the right of access to medicine as a human right, have been always a problem for Critics and developing Countries, but due to their legal status, it is impossible to prefer one which stems from Intellectual Property Right and omit another one which stems from human right. Conclusion: In conflict between right to health and patent, compulsory License, parallel import, Bolar exception, Waiver Decision and adjust and control the price can be noted. Received: 03 Nov 2020 Revised: 28 Nov 2020 Accepted: 07 Dec 2020 Available Online: 01 Jan 2021