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October 9, 20251 citationsOpen Access

Ethical Issues in Business Innovation: Patents, Competition and Consumer Right

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KBKhadiza BegumSUSadiqur Rahman Chowdhury Urbi

Key Points

  • Patent regimes may undermine their goal of promoting innovation, leading to market failures that impact accessibility.
  • Significant ethical issues arise as patent holders prioritize profit over public welfare, particularly in pharmaceuticals.
  • Current regulatory frameworks inadequately address the broader societal implications of patent protection.
  • Transformative policies are needed to align corporate incentives with the public interest regarding innovation.

Abstract

Innovation drives economic progress, but patent arrangements designed to encourage innovation increasingly conflict with market equality and consumer accessibility. This research investigates the ethical difficulties associated with intellectual property protection in various industries, notably with essential goods. Patent holders exert significant influence over markets, price, and accessibility, prompting questions regarding their ethical obligations beyond mere legal compliance. Pharmaceutical patents demonstrate these tensions very well. Government funding for research and lifesaving pharmaceuticals produced through public-private partnerships sometimes remains unattainable for individuals in the most critical situations. Technology patents reveal unique yet equally troubling patterns, as the protection of innovation evolves into commercial exploitation via strategic litigation and portfolio consolidation. These activities indicate that patent regimes may be compromising their fundamental goal of promoting innovation that benefits society. Current regulatory regimes inadequately address these ethical considerations. Patent law primarily focuses on technical originality and financial entitlements, sometimes neglecting wider societal consequences. This restricted focus allows for behaviors that may comply with legal criteria but violate ethical principles of fairness, accessibility, and public welfare. Market failures in patent protected sectors exemplify the costs linked to this approach. Reform requires the recognition that patent rights impose societal responsibilities. Potential solutions include public interest licensing for government-funded research, price restriction for essential patents, and strengthened antitrust enforcement against patent misuse. Innovation policy should go beyond safeguarding inventors to guarantee that innovation serves humanity's interests. This transformation necessitates new frameworks that align corporate incentives with public welfare, making patent systems responsible to the societies that provide them legitimacy.

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Cite This Study

Begum et al. (2025) studied this question.

synapsesocial.com/papers/68e79cf2ed88661f66c2df9ehttps://doi.org/10.69937/pf.por.3.3.55
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