Global challenges in the process from innovation to pharmaceutical product: Intellectual property balancing market interests and public health

The legal framework of intellectual property in the pharmaceutical sector encompasses multiple forms of protection that enable right holders to maintain exclusivity and market dominance. Patent protection and the Supplementary Protection Certificate (SPC) are the most prominent mechanisms for extending commercial control over innovative medicines. In addition to these tools, other forms of protection play a relevant role, including trademarks, industrial design, and copyright related to documentation and software solutions. This paper offers a descriptive analysis of these instruments and their function within the pharmaceutical market, with the aim of examining the legal rationale, effect, and interrelationship of various forms of protection. Special emphasis is placed on the parallel between patent protection and the SPC, which frequently operates as a mechanism for postponing the market entry of competing products. The central research question posed is whether the current system of legal protection contributes to the realization of the right to health by encouraging innovation, or whether it primarily serves the interests of pharmaceutical companies by restricting access to essential therapies. Through legal analysis of the function, scope, and implications of intellectual property protection in the pharmaceutical context, the paper seeks to enhance understanding of the interplay between private rights and public interest in the field of health law.