This chapter is structured into three main sections. Section 6.2 provides an overview of pharmaceutical patent law in India, while Section 6.3 examines the jurisprudence on the right to health in India. Section 6.4 examines how Indian courts have incorporated a model of human rights into their decisions in cases involving patent rights on pharmaceutical products. The chapter concludes with the view that the combined effect of the liberal interpretative approach adopted with regard to the constitutional right to life and the incorporation of a model of human rights into their decisions in patent cases has enabled Indian courts to safeguard and protect the enjoyment of the human right to health in India while adjudicating cases involving pharmaceutical patent rights.

This chapter is divided into three sections. Section 5.2 provides a brief overview of the legal framework on pharmaceutical patent law in South Africa, while Section 5.3 examines the jurisprudence on the right to health in South Africa. Section 5.4 deals with the incorporation of a model of human rights into the adjudication of disputes involving pharmaceutical patent rights by courts in South Africa. The chapter concludes with the view that the incorporation of a model of human rights does not necessarily translate to the abrogation of patent rights, it only means that the courts should not permit patent rights on pharmaceutical products to be exercised and enforced in a manner that impedes the enjoyment of the human right to health.