From Molecule to Monopoly: The Geopolitics of Patents and Medicinal Access

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Authors: Subhasha S
Cited by: 0
References: 17

Abstract

The article aims to examine and address the various concerns arising from patent politics around the globe and how these are contributing to despair, thereby hampering basic human rights.In this era of scientific advancement & innovation, patents are key to uplifting these advancements.The patent is a protective right that also incentivizes future development, but when patent system regulations are disregarded due to the political and economic hegemony of developed nations over developing nations, third-world countries are primarily concerned about access to medicine.The US retaliatory positioning over labelling it has IP protection by issuing US 301 special report, bilateral trade agreements between states like TTP (Trans-Pacific Partnership Agreement), CTTP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership), CETA (Comprehensive Economic and Trade Agreement), USCMA (US-Canada-Mexico Agreement), and their repercussions can be seen through enforcement of ISDS, Investor State Dispute Settlement and the repercussions is evidentiary in Elli lily v. Canadian government case and another example Phillips Morris v. government of Australia and the Big pharma role in pharmaceutical ethics and greedy pricing policies of the essential medicines.Why are there no changes in the patent system for accessing essential medicines, following orthodox rules of the patent system, like compulsory licensing is only seen rather than any new methodology.Ultimately, the findings would likely suggest that global power dynamics in patent politics constitute a form of modern economic warfare, posing ethical and humanitarian concerns.By providing recommendations, this paper aims to stimulate policy reforms that balance economic interests with the urgent need to safeguard public health and uphold human rights, envisioning a revised patent system that enables equitable access to medicines without overshadowing the protective and incentivizing role of patents.

Fields of Study & Subjects

Intellectual Property Law Pharmaceutical Economics and Policy Intellectual Property and Patents

Publication details

Journal / source
Advances in Social Science, Education and Humanities Research/Advances in social science, education and humanities research
Pages
176–190
Publication date
1 January 2026
Language
EN