Right of Health: Recent Trend on Patent System

Dr. Benedetta Allegra Cappiello
Adjunct Professor – University of Milan – Italy


This paper aims to understand whether and how States cooperative approach can effectively protect fundamental values having transnational characters (State A’ pollution impact on State B’ environment and health protection). Particularly, the analysis proposes a focus on sustainable development and globalization process to see whether there has been a move from an economic oriented society to a different one, keener in implementing fundamental values, specifically health protection. Accordingly, the paper focuses on recent normative and jurisprudential international and domestic trend aimed at implementing health protection, at cost of decreasing economic rights. Reference is made to compulsory license system recently in art. 31 bis TRIPs and EU Regulation n. 953/2008. Besides, domestic and international judges, along with arbitrators are ruling making health protection prevailing over economic rights. The analysis lead to conclude that a cooperative approach may result in an effective implementation of fundamental values having transnational character.

Keywords: Health protection; Compulsory License System; Sustainable Development Goals; economic rights v. fundamental values; Cooperation among States.

*Research has been presented at: Kilawʹs 5th Annual International Conference (9-10 May 2018), entitled: “Contemporary Challenges to Legal Guaranties in a Changing World”, and it is subject of “quality assurance” and “double-blind peer review” and all approved publishing procedures.

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