Abstract: Intellectual Property Rights (IPR) and Human Rights originated from unrelated domains of human life. Turn of the civilization in the second half of the last century has pitted IPR against human rights. Pharmaceutical patents and right to health have taken opposing corners in the amphitheater of international relations and policy making. This paper endeavors to chart the relationship between the two jurisprudential streams in recent times and its global implications reflecting certain traits on the Indian scenario. The discussion will encompass the evolution of international intellectual property regime with its implication on pharmaceutical patents and the expansion of concepts of Human Rights to right to health, their opposing theoretical basis, and the way industrialized and less developed states reacted and adapted to this fluid relationship.

Author: Dr. Mouri Ghosh is currently pursuing an LL.M in Intellectual Property Law from the School of Law, University of Edinburgh, Scotland. The author also holds a Ph.D in the field of Toxicology and Pharmodynamics. She may be contacted at mouri.ghosh@gmail.com.

The full text of the article can be found as a PDF here.

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