Balancing Innovation Incentives and the Right to Health : Pharmaceutical Patent Governance in the Covid-19 Era

This increased protection of pharmaceutical products has created a paradox between incentives for invention and the right to health, particularly in low- and middle-income countries. In this paper, the author explains the connection between global agreements, such as the TRIPS and the Doha Declaration, and national laws on patents and human rights, in ensuring access to medications. It examines the COVID-19 pandemic, including emergency supplies, mandatory licenses, and alternative incentives as a method of balancing patent exclusivity and public health interests. Patents could spur research and innovation; however, without access, they limit the affordability of medicine, which is a right to health. Patent governance should be open and sensitive to rights to support innovation and benefit community health.