Right to health versus intellectual property rights

Sandra Ivette Quintero Solis

Universidad Autónoma de Guadalajara

Gelacio Juan Ramón Gutiérrez Ocegueda

Universidad de Guadalajara

The pandemic caused by covid-19 surprised us, and at the global level it confronted us with unforeseen situations. It has made us aware of the shortcomings of so many countries, for example, the lack of an effective social security system, unemployment, minimal use of information technologies, gaps in legislation, etc. And while it is true that these shortcomings have not been the same for all continents, what has been generalized is the confrontation between the right to health and other human rights. We witnessed the race between pharmaceutical companies and researchers to create a vaccine, and nowadays to see which countries have the economic capacity to acquire them. The right to health is thus pitted against the right to intellectual property, from which the following questions arise: should vaccines be commercialized in the face of a pandemic? Does health become a commodity and those who have the economic resources to access the vaccine have the right to the opportunity to continue living, which is denied to those who do not have such an alternative?

Keywords: public utility license, human rights, right to health, intellectual property, health contingency
Published
2021-12-24
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https://plu.mx/plum/a/?doi=10.16925/2357-5891.2022.01.02