PATENT LAW, TRIPS &PROTECTION OF PUBLIC HEALTH IN INDIA: A REVIEW

Introduction- “Laws: We know what they are, and what they are worth! They are spider webs for the rich and mighty, steel chains for the poor and weak, fishing nets in the hands of the government2 .” PIERRE-JOSEPH PROUDHON Law should not be an instrument in the hands of rich and mighty to exploit poor and helpless and it should also not be misused by state and its agencies or by any other powerful agencies for their own interests. Aim of law should be to provide universal justice for all and to give everyone his due. In a country, where majority of the people are illiterate, poor, downtrodden and oppressed, state initiatives to protect these teeming millions assumes great significance.Our constitution declares right to life as one of the fundamental rights of the people. Preamble of our constitution declares India as socialist, secular and democratic republic and state must secure justice to all. So, it has become obligation of the State to protect public health and to take necessary steps in this regard.Jurisprudence of protecting human health for Indians had become one of the most important issues from a long time back.Former Prime Minister of India, Indira Gandhi while speaking at the World Health Assembly in Geneva on May 6, 1981, was of the opinion that3 - “Affluent societies are spending vast sums of money understandably on the search for new products and processes to alleviate suffering and to prolong life. In the process, the drug manufacturing has become a powerful industry. My idea of a better ordered world is one in which medical discoveries would be free of patents and there would be no profiteering from life or death.” In this historic session the participating countries unanimously adopted a resolution for “Global Strategy on Health for All”