Shari‘ah Treatment of Paradox between Access to Medicine and Global Pharmaceutical Patents under TRIPS Agreement 1994

Abstract

This paper contributes to existing debate on issue of access to essential lifesaving medicine in result of global pharmaceutical patent protection standards. Application of Patent monopolies over pharmaceutical patents is very recent development under WTO regime. Considering pharmaceutical product as ordinary products and adoption of universal trade standards have resulted in high cost of lifesaving medicine which deprives poor masses around the world from enjoyment of life to health. Authorship on the subject has analysed the issue on jurisprudential, legal, and economic studies. A good number of Muslim countries put Islamic Shari‘ah on supra-constitutional level. This paper will interpret pharmaceutical patent right under Islamic Shari‘ah in post TRIPS Agreement developments.