Page 127 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Directive Principles of State Policy and Fundamental Duties
chapter . State of Panjab v Mohinder Singh Chawla case also
12
11
identified the importance of Right to Health. Insufficient funding
for healthcare systems can cause problems under the pressure of
growing populations. Investing in quality health care is the key to
enhance fair and easy access to potential health care system.
In the Constitution of South Africa (1996), Chapter II, Section 27
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addresses the importance of Right to Health care in the country. In
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addition to that Minister of Health v. Treatment Action Campaign
15
case discussed the significance of Right to Health for the well-being
of the people. Hence, Right to Health is an inevitable right of the
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people. It is a part of right to life and other social and economic
rights depend on the good health and well-being of the people. It
is important to prevail a powerful safeguard for Right to Health for
the best interest of the people.

According to Albert Einstein,’ Imagination is more important than the
knowledge.’ Intellectual property system is based on the imagination
which covers a range of personal property rights. ‘Patent protection’
can be considered as one of the main pillars of the Intellectual Property
system. In the eyes of law, a patent is a legal title which is able to
protect new inventions by giving an incentive to the inventor. The main
purpose of a patent system is to stimulate industrial inventions and
innovations by granting limited monopoly rights to inventors and by
increasing public availability of information on new technology. Patent
Rights encourage new inventors by securing commercial advantage.
11 The Constitution of India, 1950
12 (1997)25C
13 Constitution of South Africa,1996
14 “(1) Everyone has the right to have access to a. health-care services, including reproductive
health care; b. sufficient food and water; […] (2) The State must take reasonable legislative
and other measures, within its available resources, to achieve the progressive realization of
each of these rights. (3) No one may be refused emergency medical treatment.”
15 (2002) 5 SA 721 (CC) (South Africa)
16 see, Etcheverry, Roberto E. v. Omint Sociedad Anónima y Servicios, General Attorney’s
1 December 1999
law.faculty@kdu.ac.lk
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