Sharon Adedapo (Research Assistant) recently published a short piece on the Ideas In ALL blog, titled, Intellectual Property Injunctions over Health-Related Technologies: Balancing Patient Interests and Intellectual Property Rights’ (16th May 2025).
The blog explores the relationship between the enforcement of Intellectual Property Rights (IPRs) and the right to access health-technologies, including medicines, vaccines, and tests. IPRs, particularly patent rights, are essential for promoting innovation in the healthcare sector. Their enforcement, however, may create barriers to access. Intellectual property laws encourage innovation, but must be weighed carefully against the possibility that they could limit access to life-saving technologies and medicine, especially in situations involving urgent public health.
A key focus of the blog is on the role of injunctions in patented health technologies. They raise significant issues on how to protect patent holders’ rights without compromising access to life-saving medical treatments. Issuing an injunction may have negative consequences when a patented product involves technology that could save lives. The rights of patent holders must be weighed by courts against the possible effects on public health and patients. Courts, in limited cases, have tailored injunctions, for example, by delaying the granting of the injunction, setting specific conditions, or developing remedies that take into consideration the interests of the general public. Courts in the UK have attempted to achieve this balance in recent cases, such as Edwards Lifesciences v Boston Scientific [2018] and Evalve v Edwards Lifescienses [2020].
The blog draws on current research under the PatentsInHumans project, led by Professor Aisling McMahon. Part of our current research involves the examination of the use of injunctions in patent law and the extent to which courts can and do take into account the rights and interests of patients and third parties. We are also currently examining how the recently commenced Unified Patent Court (UPC) will be handling these issues, specifically in light of the Edwards Lifesciences v Meril (2024) case.