5 - Incorporating a Model of Human Rights into the Adjudication of Pharmaceutical Patent Cases (Part Two)

Summary

This chapter is divided into three sections. Section 5.2 provides a brief overview of the legal framework on pharmaceutical patent law in South Africa, while Section 5.3 examines the jurisprudence on the right to health in South Africa. Section 5.4 deals with the incorporation of a model of human rights into the adjudication of disputes involving pharmaceutical patent rights by courts in South Africa. The chapter concludes with the view that the incorporation of a model of human rights does not necessarily translate to the abrogation of patent rights, it only means that the courts should not permit patent rights on pharmaceutical products to be exercised and enforced in a manner that impedes the enjoyment of the human right to health.