IPRs and their effects on developing nations and the conflict between IPRs and public health
My essay topic is: IPRs and their effects on developing nations and the conflict between IPRs and public health
The overall purpose of the proposed study is to explore the impacts of intellectual property rights on developing nations, particularly those in Africa. Also, the proposed research aims at disclosing and scrutinizing the conflict between intellectual property rights and public health. The prospective exploration will be reduced to the patent rights as the major obstacles to the public health care.
Given this, the thesis statement must be expressed as follows: In the majority of developing countries patent rights create the most crucial impediments to the public health care.
Research Question and Research Objectives
The proposed study is aimed to provide the most comprehensive and clear answers to research questions. The primary question of research must be formulated as follows: What are the principal impediments imposed on public health care by the patent rights in developing countries? The secondary question of research should be specified as follows: What are the most effective legal means of mitigating the conflict between the patent rights and the right to public health care?
In order to promote the efficiency and logical consistency of the proposed study, a series of research objectives is proposed. Thus, the objectives of the proposed study should be specified as follows:
1). To disclose and analyze the conflict between intellectual property rights and the right to public health care by laying a special emphasis upon the impediments imposed on public health care by the patent rights.
2) To ascertain, justify or refute the rationale for impediments imposed on public health care by the patent rights in developing countries.
3) To verify and expound on the most effective legal means towards mitigating the conflict between intellectual property rights and public health care in developing countries, particularly in Africa.
The research design will be exploratory and qualitative. The proposed study will be based on both secondary data collection methods and primary data collection methods.
The majority of scholars is disposed to think that the apparent conflict between intellectual property rights and public health care lies in the effects of the intellectual property rights, particularly patent rights, on innovation in the domain of medicine and public health care. Thus, Williams writes that technological process in the domain of health care is a twofold phenomenon: on the one hand, it provides substantial advantages to patients, but, on the other hand, it significantly spurs on the increase of health care costs. This problem is especially urgent in developing countries, where the majority of patients is constituted by poor people.
Not opposed to Williams, the World Health Organization provides that innovations and supplementary intellectual property rights do not make medicine and health care work for poor people. Also, Cheung argues that the conflict between intellectual property rights and affordability of public health care in developing countries is enrooted in the lack of legal harmonization which might have helped to safeguard the fundamental human right to the highest attainable standard of physical and mental health and promote innovations in the domain of medicine and public health.
Cheung, P K F, ‘Intellectual property rights and public health: practice of the Hong Kong special administrative region of the People’s Republic of China’,
Williams, H, ‘Intellectual property rights and innovation: evidence from the human genome’, NBER Working Paper,
World Health Organization, ‘Public health innovation and intellectual property rights’ (2008), Report of the Commission on Intellectual Property Rights, Innovation and Public Health,