Table of Contents
Prefatory Note
The early decades of the twenty-first century have persistently tested the delicate equilibrium between the protection of intellectual property rights (IPRs) and the imperatives of public health. Nowhere is this tension more acute than in developing countries, where access to essential medicines, vaccines, and health technologies frequently encounters the restrictive contours of international patent law. The legitimacy of the global IPR regime, particularly within the framework of the TRIPS Agreement, increasingly hinges on its capacity to reconcile private incentives for innovation with the public good of equitable health access.
This webinar convenes at a particularly critical juncture, amid the enduring legal and ethical reverberations of recent global health crises. Judicial developments underscore the pivotal role of national courts in asserting the primacy of public health within international legal constraints. A salient example is the Indian Supreme Court’s decision in Novartis AG v. Union of India & Others (2013), wherein the Court denied patent protection for a modified version of the cancer drug Glivec by invoking Section 3(d) of the Indian Patent Act. This provision aims to prevent the ‘evergreening’ of pharmaceutical patents and represents a principled assertion of public interest within the TRIPS-consistent legal space.
Similarly, the Constitutional Court of South Africa, in Minister of Health v. Treatment Action Campaign (2002), affirmed the justiciability of socio-economic rights by directing the state to enhance access to antiretroviral medication. Although not a patent case per se, the decision illuminated the complex interplay between pharmaceutical monopolies and constitutionally enshrined rights to health.
At the multilateral level, the Doha Declaration on the TRIPS Agreement and Public Health (2001) remains a landmark reaffirmation of the right of WTO Members to protect public health and promote universal access to medicines. However, the application of TRIPS flexibilities—such as compulsory licensing, parallel importation, and local manufacturing—continues to face considerable political and economic challenges. These practical obstacles give rise to several critical questions, which form the thematic core of this webinar:
- How can developing countries effectively utilize TRIPS flexibilities without incurring trade retaliation?
- Under what circumstances should public health concerns override patent protections, and which institutions or actors are best positioned to make such determinations?
- Is the global IPR regime structurally biased against traditional knowledge systems?
- Do patent rights stand in tension with constitutional rights to health?
- Is the establishment of a binding international treaty on access to medicines feasible in a post-Doha context?
Since the adoption of the Doha Declaration, new challenges have emerged. The legal and regulatory frameworks governing biologics, digital health technologies, and the equitable distribution of vaccines—exemplified by the phenomena of vaccine nationalism during the COVID-19 pandemic—have outpaced the ability of existing international legal instruments to respond adequately. Many developing countries remain in a structurally disadvantaged position, constrained by asymmetrical bargaining power and “TRIPS-plus” obligations embedded in bilateral and plurilateral trade agreements.
This webinar aspires not only to serve as a platform for critical inquiry and knowledge exchange, but also as a catalyst for reimagining the contours of the global IPR system. It seeks to foster dialogue on how intellectual property governance might be recalibrated to support inclusive, equitable, and sustainable health outcomes across the Global South.
Participation and Inclusivity
This webinar is open to a wide and diverse audience, with no requirement for prior paper submission. Participation is encouraged from students, academic researchers, startup founders, entrepreneurs, intellectual property professionals, legal practitioners, policymakers, and development experts. The forum also welcomes academicians and industry stakeholders who are interested in interrogating the evolving relationship between intellectual property, innovation ecosystems, and socio-economic development.
Registration Procedure
- Registration link: https://forms.gle/8EQQmznNr3BD9fHB6
- Date: 30th August 2025
- Last date of Registration: 20th August 2025
- Time: 3 PM to 7 PM
- Mode: Virtual
- Free E-Certificates will be provided to all participants.
- Registration Fees: NIL
Department of Studies in Law
The Department of Studies in Law was established in 1973 and is a prominent institution in Southern India, recognized for its high standards in legal education and research. The department offers a two-year LL.M. program with specializations in Constitutional Law, International Law, and Business and Trade Law. The program is research-oriented, requiring students to complete a dissertation, many of which are published. The department also offers a Ph.D. program, supporting advanced research under the guidance of experienced faculty. It attracts a diverse student body from across India and internationally, including countries such as Afghanistan, Iran, Kenya, Tanzania, and Yemen.
Contact Information
For inquiries and participation confirmation, please contact the following undersigned:
- Official Link: https://www.uni-mysore.ac.in/english-version/sites/default/files/content/1751885396-Intellectual%20Property%20Rights%20and%20Public%20Health%20in%20Developing%20Countries%20(1).pdf
- Email: [email protected]
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