Patently Underdeveloped: How Misuse of Patent Law by Unethical Business Practices of the Pharmaceutical Industry Hurts Developing Nations

The present text explores the misuse of patent law in the pharmaceutical industry from its original purpose of the protection of intellectual property rights. Unethical business practices of Big Pharma has stifled innovation and decreased the accessibility of necessary drugs while increasing unethical behaviors. Global cases of malpractice within the industry are examined to determine the necessity for changes in both the pharmaceutical industry and its surrounding environment. The real effects of this issue are experienced in developing nations, in which there is a greater disparity of medication accessibility and affordability as compared to a developed nation. Developed nations have the privilege to value profit margins over individuals’ rights to sufficient healthcare because of the structure of multinational corporations and investment in research and development. As a result of profit-motives of the powerful sector of the pharmaceutical industry, “Big Pharma,” developing nations are neglected in terms of research and development and distribution of medication due to their lack of profitability. However, due to the wide impact of the actions of pharmaceutical corporations, there must be a perspective of social obligation to society. Additionally, corporate social responsibility, or obligation to act ethically towards society, should be implemented to benefit both an ethical and business angle to alter the negative outlook of Big Pharma upon developing nations. Through an analysis of the HIV/AIDs epidemic as well as other health concerns potentially ailed by patented medication, this paper argues that a mitigation of unethical business practices through corporate social responsibility, change in patent types, and stability of government in combination has the ability to improve medication innovation, access, and affordability while benefiting Big Pharma.Ope