1INTELLECTUAL PROPERTY AND HUMAN RIGHTS
Answer 1
In the case Dr. Davide can bring claims against the right to health and the rights to
education mentioned in the Universal Declaration of the Human Rights and protected under the
International Covenant on Economic Social and Cultural Rights. The human right to health is
protected under the Article 12 of the ICESCR. Article 12 recognizes the right of a human to
attain highest standard of physical and mental health. Articles 13 and 14 mentions the right to
education for everyone for the full development of human personality and strengthening human
rights and fundamental freedom. For the rejection of the compulsory licensing of the device he
could have apply for the waiver that has been extended by the World Trade Organisation
allowing poor countries to copy patented medicines but since his country is already a party to
TRIPS his application would not be successful. Dr. Davide can further bring claims under the
Article 27.2 of the TRIPS. Article 27.2 of the TRIPS state that for the protection of public
morality including the protection of health of human, animals or plants the States may exclude
patentability of inventions. Further the Article 15 of the ICESCR mentions the right of a human
being to be benefitting from scientific progresses and applications and from protection the
material and moral interests. He can further claim that Section 119C of the Patents Act an
exemption is given against patents for research purpose.
Answer 2
The government can defend those claims by arguing for the helpfulness of patents in
medical and educational fields. There have been numerous arguments by various pharmaceutical
companies that patents can be necessary to increase pharmaceuticals’ investments. The

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