Page 133 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Conclusion
Under the human rights umbrella, Right to Health can be considered
as a civil right while Right to Patent is fallen under the cultural rights.
As discussed above, Right to Health is an inevitable right of the people
which strengthens the Right to Life. Even though patent acts as a
restriction, it is the best motivation for the new inventors. According
to Abraham Lincon, the Patent System added fuel of interest to the
fire of genius.

Therefore, setting restrictions and limitation is not practical solution.
Utilizing value of both rights by striking balance is the best approach for
the best interest of the people during the period of COVID-19 pandemic.
Small Patents, voluntary license, compulsory license, doctrine of
exhaustion, business plans, competition of the market and some business
strategies can be used to minimize hindrance to access to the medicines
while encouraging new inventors by protecting patent owners’ rights.

law.faculty@kdu.ac.lk
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