Circumventing the Guillotine Effect of Intellectual Property Rights

The current regime of intellectual property rights exercises monopoly control over the production and reproduction of knowledge. It attempts to throttle by economically restraining the products used to treat wide range of diseases, which are made unaffordable for the marginalised populations who do not have the purchasing power. The right of every human being to access the highest attainable standards of health is now fully recognised by numerous national constitutions and legally binding international human right treaties. The flexibilities contained in the trade-related aspects of intellectual property rights agreement and reaffirmed by the Doha Declaration provide important opportunities for World Trade Organization members to reduce prices and expand access to essential medicines. This article aims to throw light on the different strategies involved in overcoming patent-related challenges in the generic industries. It is the inbuilt responsibility of the Government to ensure necessary steps are being taken to access low priced or free medicines to marginalised populations.