Globalization and Intellectual Property Rights: A Case Based Critique on Access to Medicines in A TRIPS Plus World

The modern knowledge based economy thrives on innovation; which requires strong intellectual property protection. These intellectual property regimes differ across nations due to colonial history and differing stages of development. In the Free Trade Agreements (FTA) between countries, the intellectual property components can conflict with the local laws, the multilateral framework of TRIPS and affect access to health, innovation etc. These agreements, known as TRIPS Plus, involve extension of the patent term beyond 20 years, limits on compulsory licenses, restricting generics etc. Also, in the globalized era we see a phenomenon of a power shift from the government to transnational corporations capable of influencing policy. Implementation of such agreements in developing countries like India, wherein a significant section of the population lives below a dollar a day, can drastically impact their right to health and run contrary to the government policies of poverty reduction, access to health and the UN goal of sustainable development. This article will cover these developments based on various aspects including qualitative data from stakeholders.