Public Policy Reflection on Commercialization of Pharmaceutical Patents in India: A Legal Introspect

Abstract

Public policy, right to health, affordable medicines and patenting of medicines are closely knitted phenomena for fulfilment of individual and public interest imperatives. This article attempts to analyse the impact of patenting and commercialization of the medicines with and against materialization of right to health for all. The welfare aspects public policy that provides for availability and affordability of medicines for all and its applicability with respect to patenting and commercialization of medicines is examined in light of specific issues as follows

i.Primarily, whether the existing patent policy in specific is responsive to public policy in general.
ii. Secondly, to what extent public policy shall be incorporated in commercialization of pharmaceutical patents?
iii. Thirdly, to what extent commercialization of pharmaceutical patents can be compromised for execution of public policy?
iv. Fourthly, is there any possibility of balancing mechanism wherein both, commercialization and public policy with
respect to pharmaceutical patents can be maintained?