Faculty Research Seminar on Right to Access Medicine under TRIPS Agreement: An Analysis

The School of Law, IMS Unison University, conducted a Faculty Research Seminar on 26th September 2025, presented by Dr. Sunil, Assistant Professor (Selection Grade), on the theme “Right to Access Medicine under TRIPS Agreement: An Analysis.” 

The seminar explored the critical balance between intellectual property rights under the WTO-TRIPS regime and the fundamental human right to access affordable healthcare and essential medicines. Dr. Sunil examined key questions around TRIPS flexibilities, compulsory licensing, the Doha Declaration, and India’s role in leveraging these provisions to safeguard public health. 

Through landmark case studies such as Cipla’s ARV supply (2001), Natco Pharma v. Bayer Corporation (2012), and Novartis AG v. Union of India (2013), the session highlighted how India has set a global example in preventing evergreening, enabling compulsory licensing, and ensuring wider accessibility to life-saving drugs. 

The discussion emphasized that while intellectual property laws incentivize innovation, they must not overshadow the constitutional right to life and health under Article 21. India’s experience demonstrates how legislation, judicial interpretation, and public policy can align innovation with accessibility. 

The seminar was highly interactive and well-received, with the Dean, faculty members, and LLM students appreciating its depth and practical relevance. It provided valuable insights into the evolving jurisprudence of IPR and public health, reaffirming the importance of TRIPS flexibilities in protecting the rights of citizens, particularly in developing countries.