The Forgotten Provisions of Trips: A Comparative Study of Articles 7 And 8 In Shaping Pharmaceutical Patent Policy in South Asia

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is often analysed in terms of its fundamental criteria for intellectual property safeguarding, especially Article 31 concerning compulsory licensing. Articles 7 and 8 have received very little academic scrutiny, since they outline the aims and purposes of the Agreement while establishing the normative structure for patent protection. These regulations acknowledge that intellectual property rights are not unconditional but should facilitate technical advancement, societal benefit, technology dissemination, and public health. The importance of their role has been more evident since the Doha Declaration on the TRIPS Agreement and Public Health, which reiterated the entitlement of Member States to interpret and apply TRIPS in a way that promotes public health and access to medications. This study rigorously examines the influence of Articles 7 and 8 on the formulation of pharmaceutical patent regulations in South Asia. It contends that these rules are not only aspirational declarations but serve as essential interpretive principles that shape the formulation and execution of compulsory licensing frameworks in national law systems. The research conducts a comparative analysis of India, Bangladesh, Pakistan, Nepal, Sri Lanka, Bhutan, and the Maldives to assess how national patent systems integrate the developmental goals outlined in Articles 7 and 8. It moreover examines judicial advancements, legislative strategies, and policy obstacles that persistently influence access to inexpensive pharmaceuticals in the area. The paper asserts that whereas South Asian nations have progressively used the adaptability inherent in the TRIPS framework, significant inequalities persist in legislative execution and institutional capability. Enhancing the domestic implementation of Articles 7 and 8 may foster a more equitable intellectual property framework that safeguards innovation while also serving the wider public good, especially in public health.