International approaches to ensuring the balance of the right to health and intellectual property

Abstract

Logical development of the sphere of intellectual property in Ukraine and the world foresees such a vector of state policy development, according to which intellectual property should come to the fore in the macroeconomic development of the state. However, the field of health care needs more careful attention from developed countries in relation to developing countries. Economic feasibility in the case of health care have not such an important role as in other areas, because the human life is the highest value. Therefore, without paying sufficient attention to the balanced legislative regulation of intellectual property relations in the field of health care, it is impossible to bring the well-being of the country's population and the resulting economic sphere to the appropriate level of development.

The article is devoted to the issues of the international approach to ensuring the balance of the right to health and ensuring intellectual property rights. The author considered the human right to health as an integral part of the Universal Declaration of Human Rights and a corresponding object of a number of concluded international key treaties in this area.

The conducted analysis made it possible to form the conclusion that the cooperation of states in the field of human rights has a solid legal basis, which includes agreements developed both at the universal and regional levels. At the international level, a mechanism for monitoring the observance of these rights has developed, in which the World Health Organization and the Committee on Economic, Social and Cultural Rights created under the Economic and Social Council of the United Nations have a prominent place.

The international instruments for ensuring the realization of the right to health studied in the article also demonstrate the correctness of a number of Ukrainian scientists regarding the specifics of the norms of international law. On the one hand, this specificity lies in the fact that norms of international law are always the fruit of an agreement, an expression of an agreement. They are created by at least two parties who are not legally subordinate to each other and have equal rights. In some cases, they are the result of the purposeful activity of their creators, who strive to develop appropriate norms; in others, they arise spontaneously.

On the other hand, norms of international law, even taking into account the limited scope of their action and application, act as an expression of universal human will and universal human interests, including in the sphere of observance of human rights to health.