USE OF PATENT RIGHTS BY THE PHARMACEUTICAL INDUSTRY IN RELATION TO THE TRIPS WAIVER

Abstract

Patent protection in the pharmaceutical industry plays an important role in driving innovation, but at the same time can create inequality in access to essential medicines in developing countries. This inequality is even more pronounced in the context of the COVID-19 pandemic, where exclusive rights to vaccines and medical therapies lead to market dominance by developed countries and hamper efforts for equitable distribution globally. This article aims to analyze how patent protection affects the principle of fairness in global competition and evaluate the legal measures that can be taken to create a balance between innovation incentives and public access to health products. This research uses a normative juridical approach by examining the theory of global business competition and the theory of patent rights within the framework of the TRIPS Agreement and the TRIPS Waiver Proposal. The results of the analysis show that patent protection that is too strict without being accompanied by corrective mechanisms such as compulsory licensing, anti-monopoly regulations, and international cooperation, has the potential to harm developing countries. Therefore, progressive and collaborative legal measures are needed to ensure fair access and sustainability of the global health system.