Vol. 6, Issue 3 (2020)
Compulsory licensing of pharmceutical drugs: A tool for achieving balance between healthcare and patent rights
Author(s): Somto David Ojukwu, Chidimma Anuli Ewelukwa
Abstract: Good health and wellbeing as Sustainable Development Goal 3 of the World Health Organization can only be achieved through availability, access and affordability of healthcare. Pharmaceutical drugs are very important in healthcare delivery and most times, new drugs are patented by the inventors of the drugs to give them exclusive control of its sales and pricing. Therefore, there is often the challenge of protecting the patent rights of the inventors of drugs against the desire of government to provide healthcare by making the drugs available at an affordable price. This paper presented compulsory licence as a veritable tool by the government to achieving the balance between the patent right of the inventors of drugs and the desire to achieve healthcare. Particularly, in addition to the Nigerian legislation, this paper considered the roles of international instruments such as Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) and Declaration on TRIPS Agreement and Public Health (Doha Declaration), extracting the contribution of each of them, in the provision of healthcare through compulsory licensing of drugs.