In light of two distinct yet closely interconnected phenomena – the digitization of healthcare and the expansion of market-driven approaches into the healthcare sector – numerous segments of the population, such as the elderly, are increasingly encountering obstacles in exercising their right to access healthcare, as guaranteed by numerous international conventions. Part of the issue is identified by some within the overarching framework of Intellectual Property Law (IP Law), conceived as a set of regulations designed to incentivize scientific research primarily geared towards extreme profit motives rather than the pursuit of pure knowledge. The IP framework, notwithstanding its apparent intent to foster innovation, is often in fact instrumentalized to advance the interests of private enterprises holding a dominant position in the so-called “healthcare market”, to the detriment of citizens and public healthcare systems that are burdened with the costs of providing medicines and essential services subject to numerous restrictions. This contribution seeks, firstly, to demonstrate the existence of a common thread that connects various facets of this system: the “healthcare market”, overseen by the exclusive rights outlined in the intellectual property regulatory framework, drives research towards profit-oriented motives. These motives impact the ability of the State’s public apparatus to offer essential healthcare services to citizens equitably, ultimately resulting in difficulties in healthcare access for the entire community, and particularly the elderly. Secondly, the contribution endeavors to challenge the assumption that such a structured system aligns with the intended function of intellectual property. Regardless of the justification theory one wishes to adopt, a regulatory framework that, overall, translates into a compression of fundamental rights like the right to health, non-discrimination, and open science does not find its root in any of the reasons and objectives underlying the arguments put forth by these theories. Therefore, the essay strongly advocates the need for a reconsideration of intellectual property from a sustainability perspective. Finally, it raises the question of whether there is room, within such a normative framework of intellectual property, to envision a category of subjects, such as the elderly, to whom a particular legal status should be attributed due to their vulnerability.
Il diritto alla cura degli anziani tra vulnerabilità, logiche di mercato e brevettabilità della salute: la necessità di un ripensamento della proprietà intellettuale in chiave sostenibile
Francesca Rotolo
2023-01-01
Abstract
In light of two distinct yet closely interconnected phenomena – the digitization of healthcare and the expansion of market-driven approaches into the healthcare sector – numerous segments of the population, such as the elderly, are increasingly encountering obstacles in exercising their right to access healthcare, as guaranteed by numerous international conventions. Part of the issue is identified by some within the overarching framework of Intellectual Property Law (IP Law), conceived as a set of regulations designed to incentivize scientific research primarily geared towards extreme profit motives rather than the pursuit of pure knowledge. The IP framework, notwithstanding its apparent intent to foster innovation, is often in fact instrumentalized to advance the interests of private enterprises holding a dominant position in the so-called “healthcare market”, to the detriment of citizens and public healthcare systems that are burdened with the costs of providing medicines and essential services subject to numerous restrictions. This contribution seeks, firstly, to demonstrate the existence of a common thread that connects various facets of this system: the “healthcare market”, overseen by the exclusive rights outlined in the intellectual property regulatory framework, drives research towards profit-oriented motives. These motives impact the ability of the State’s public apparatus to offer essential healthcare services to citizens equitably, ultimately resulting in difficulties in healthcare access for the entire community, and particularly the elderly. Secondly, the contribution endeavors to challenge the assumption that such a structured system aligns with the intended function of intellectual property. Regardless of the justification theory one wishes to adopt, a regulatory framework that, overall, translates into a compression of fundamental rights like the right to health, non-discrimination, and open science does not find its root in any of the reasons and objectives underlying the arguments put forth by these theories. Therefore, the essay strongly advocates the need for a reconsideration of intellectual property from a sustainability perspective. Finally, it raises the question of whether there is room, within such a normative framework of intellectual property, to envision a category of subjects, such as the elderly, to whom a particular legal status should be attributed due to their vulnerability.
I documenti in ARCA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
