Reassessing Patent Protection Through a Public Welfare Lens in Emerging Economies

Dr. Sangeeta Thakur

Abstract: Patent protection is often defended as a cornerstone of innovation-driven growth, yet its interaction with public welfare presents complex legal and ethical challenges in emerging economies. This article critically reassesses intellectual property rights by examining how patent regimes affect access to essential goods, technological development, and socio-economic equity. Through an analysis of international frameworks such as the TRIPS Agreement, landmark judicial decisions, and comparative legal practices, the paper highlights the tensions between private monopoly rights and public interest obligations. It argues that courts and legislatures in emerging economies particularly India have played a pivotal role in recalibrating patent law to prevent abuse, promote access, and safeguard public welfare. The article ultimately advocates for a development-sensitive patent framework that integrates innovation incentives with constitutional values, public health priorities, and social justice.

Keywords: patent law and public welfare, access to essential goods, TRIPS and emerging economies, judicial role in patent regulation, development sensitive innovation framework

How to Cite?: Dr. Sangeeta Thakur, "Reassessing Patent Protection Through a Public Welfare Lens in Emerging Economies", Volume 14 Issue 12, December 2025, International Journal of Science and Research (IJSR), Pages: 2069-2071, https://www.ijsr.net/getabstract.php?paperid=SR251224182912, DOI: https://dx.doi.org/10.21275/SR251224182912