Topic: issues relating to intellectual property rights.
5. Critically analyse the global patent regime, with a focus on the pharmaceutical sector. (250 words)
Reference: The Hindu
Why the question:
The reaffirmation of intellectual property rules has served as a lethal barrier to the right to access healthcare over the last few decades. The article throws light upon how over the last few decades, intellectual property rules have served as a lethal barrier to the right to access healthcare.
Key Demand of the question:
One is expected to critically analyse the global patent regime, with a focus on the pharmaceutical sector.
Directive:
Critically analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.
Structure of the answer:
Introduction:
Start with brief context of the question. India and South Africa had submitted a joint petition to the WTO, requesting a temporary suspension of rules under the 1995 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Body:
The answer body must have the following aspects covered:
First explain what you understand by a Patent.
Then comment on the existing patent regime globally. And discuss the lacunae and challenges facing it.
Discuss the refuting the objection of the pharma sector; the pharma sector argues that unless corporations are rewarded, they would be unable to spend on R&D. Under the current system, those unfortunate enough to have the disease are forced to pay the price, and that means the very poor in the developing world are condemned to death etc.
Conclusion:
Conclude that the pandemic has demonstrated how iniquitous the existing world order is, and it is time to move forward from the feudal calculus regime under the TRIPS.
