An analysis of the Effect of Patents on the right to health in Developing Countries: a case Study of Zambia

Several scholars have agreed that a forceful patent system providing for adequate patent protection is an indispensable incentive to creative and inventive work. Such a system becomes crucial to establishing and maintaining an attractive commercial environment. An adequate patent system, effectively administered, ultimately stimulates domestic innovation, fosters new industries and creates jobs and therefore facilitates countries' development. Various theories have therefore been developed to support why the patenting of inventions is important to the sustained development of any given country. However, it is arguable the extent to which these patents are necessary, especially with regard to the pharmaceutical sector.This research examines the challenges that result from the grant of patents. It examines the relationship between patents and human rights in general, where it discusses the arguments brought forward for the support of patents. It thereafter discusses the right to health in relation to other rights and intellectual property rights. It then discusses the issues which arise from such grants that affect developing countries. Afterwards, specific aspects of this problem are analysed, using Zambian as a case study. Finally a conclusions is drawn and recommendations given on how to address the issues that arise from the discussion