Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In balancing right to health under Article 21 with intellectual property rights, the Supreme Court has applied which principle to allow compulsory licensing of life-saving drugs to ensure affordability while respecting patent rights?
- Absolute priority to patent rights
- Proportionality balancing public health needs with innovation incentives
- Complete abolition of pharmaceutical patents
- Deference to international trade agreements without domestic scrutiny
Answer: Proportionality balancing public health needs with innovation incentives
Health rights and pharmaceutical access: (a) Constitutional basis: Article 21 (right to health) balanced with TRIPS Agreement, Patents Act provisions on intellectual property, (b) Proportionality application: (i) Legitimate aim: Public health (access to affordable medicines) vs. innovation incentives (patent protection), (ii) Rational connection: Compulsory licensing suitable to achieve affordable access while maintaining patent system, (iii) Necessity: Less restrictive alternatives considered (voluntary licensing, price negotiation) before compulsory licensing, (iv) Balancing: Benefits of affordable access vs. harm to innovation incentives; calibrated approach ensures both public health and innovation, (c) Applications: (i) Compulsory licensing: Bayer-Natco case (2012) allowed compulsory license for cancer drug, balancing patent rights with public health, (ii) Price regulation: Drug price control orders ensure affordability while allowing reasonable profits, (iii) Generic medicines: Promoting domestic production of affordable generics under TRIPS flexibilities, (d) Challenges: (i) Innovation concerns: Ensuring patent system continues to incentivize R&D for new drugs, (ii) Access gaps: Ensuring affordable medicines reach marginalized populations, rural areas, (iii) Global context: Balancing domestic health needs with international trade obligations, (e) Illustrates calibrated rights balancing: Article 21 interpreted to require affordable healthcare; proportionality ensures balanced approach to pharmaceutical access, innovation incentives.