Patent law and non-communicable diseases (NCDs)

This thesis examines how patent law affects the right to health by influencing access to medicines for non-communicable diseases (NCDs). While acknowledging the critical role of patents in incentivizing pharmaceutical innovation, it underscores significant challenges posed by the current patent framework, which often prioritizes intellectual property rights over public health needs. The main research question is ‘To what extent does patent law affect the right of health and access to medicines for non-communicable diseases?’ The increasing global burden of NCDs, coupled with the lessons from the Covid-19 pandemic and previous health crises, highlights the urgent need to strike a balance between intellectual property protection and public health priorities. Patents have a special distinctive character highlighting the inherent conflict between the interests of inventors, who aim to protect their inventions and secure their exclusive rights, and the broader public which relies on access to these innovations for societal benefit. While patents incentivize creativity and technological progress, they can also restrict access to critical innovations, specifically in fields like healthcare, where public access to life-saving treatments may be limited. Therefore, this research highlights the need to strike a balance between patent protection and the right to health to prevent unnecessary barriers to essential medicines. A key contribution of this thesis is its examination of patent legislation in the UK and Cyprus, analysing how patents are granted, protected, and enforced for each jurisdiction. Additionally, this work presents an original contribution by exploring the intersection of patent law, the right to health, and access to medicines for NCDs through the lens of Intellectual Property and Social Justice (IP-SJ). While much of the existing literature on patents and access to medicines focuses on infectious diseases, this thesis shifts the spotlight to NCDs, a growing yet often underexplored global health challenge. The application of IP-SJ is particularly prominent in Chapter Five, where the principles of access, inclusion, and empowerment are considered. The main research finding highlights the critical role of international collaboration in improving access to medicines. To foster such collaborations, this study recommends promoting generic competition to enhance affordability and accessibility. Ensuring that medical innovations benefit society requires policymakers to adopt strategies that align intellectual property rights with public health objectives. By contributing to the ongoing discourse at the intersection of patent law, health rights, and global health equality, this thesis provides valuable insights into how legal frameworks can be reformed to facilitate broader access to life-saving treatments for NCDs.

Citation

Vasiliou, M. (2025) Patent law and non-communicable diseases (NCDs). University of Wolverhampton. https://wlv.openrepository.com/handle/2436/626164

Publisher

University of Wolverhampton

URI

https://wlv.openrepository.com/handle/2436/626164

Type

Thesis or dissertation

Language

en

Description

Submitted in fulfilment of the requirements of the Degree of Doctor of Philosophy.

Collections

Theses and Dissertations