The impact of innovations on intellectual property rights in the healthcare system: A case study of the EAEU

Abstract

Abstract: This article analyses the impact of innovations on the development and transformation of intellectual property rights in the healthcare sector within the framework of the Eurasian Economic Union (EAEU). Particular attention is given to the international legal standards established by the TRIPS Agreement and subsequent acts that provide flexibility regarding patent protection, the availability of medicines, and knowledge transfer technologies. The approaches of EAEU member states to the implementation of the principles of fair use and the systematic integration of norms from international and regional law are examined. Additionally, the initiatives prompted by the COVID-19 pandemic are explored, including the C-TAP mechanisms, the Open COVID Pledge, and the Medicines Patent Pool, along with their role in shaping new models of interaction in the fields of health protection and intellectual property. The necessity of balancing the stimulation of innovations with ensuring public access to medical technologies is emphasised, which requires the establishment of coherent legal mechanisms within the EAEU based on the principles of fairness, sustainable development, and the common good.