Balancing Innovation and Access

Abstract

The book chapter offers comprehensive coverage of the complex interplay between patents, trademarks, and health care. The chapter highlights the fine and tenuous line between stimulating innovation in the field and ensuring access to life-saving and essential medical technologies. The chapter investigates the positive and negative externalities produced by patents and trademarks in research and development and market contexts, as well as their effects on consumer behaviour in the healthcare sector. The authors have analysed the role played by both traditional and non-traditional trademarks in the healthcare sector. The chapter also addresses the ethical and accessibility dilemmas pertaining to the right to intellectual property and the potential policy reforms, which would alleviate the tension between creating incentives for innovation and protecting public health. By reviewing both the literature and specific case studies, the chapter enlightens the reader on the ways to tackle the dual challenge of promoting innovation and ensuring that health care is a right for all.