The Intersection of Intellectual Property and Public Health

Abstract

Purpose: The general objective of this study was to investigate the intersection of intellectual property and public health.

Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.

Findings: The findings reveal that there exists a contextual and methodological gap relating to the intersection of intellectual property and public health. Preliminary empirical review revealed that intellectual property laws, while designed to promote innovation, often created barriers to accessing essential medicines and technologies, particularly in low-income regions. It highlighted how patent protections, while incentivizing pharmaceutical development, led to high drug prices that limited access and exacerbated health disparities. The study emphasized the need for a balanced approach to IP regulations that would encourage innovation while ensuring that new treatments are affordable and accessible. It called for a re-evaluation of IP frameworks to align better with public health objectives and promote global health equity.

Unique Contribution to Theory, Practice and Policy: The Theory of Intellectual Property as a Public Good, Theory of Technological Determinism and the Theory of Access to Medicines and Health Equity may be used to anchor future studies on the intersection of intellectual property and public health. The study recommended several key actions to address the issues identified. It suggested revising IP policies to include more flexibility, such as compulsory licensing and support for generic drug production, to improve access to essential medicines. The study advocated for international collaboration to balance IP protections with health needs and proposed that policymakers craft regulations that support both innovation and accessibility. It also emphasized the importance of ongoing research and evidence-based decision-making to guide IP reforms and promote global health equity. Additionally, it recommended fostering partnerships between governments, international organizations, and pharmaceutical companies to enhance healthcare access and address disparities.