Public versus Private Interests in Intellectual Property Rights Law: Where does the Right to Science Stand in Cancer Research?

Although intellectual property laws are deemed an effective tool in promoting innovation in healthcare, their impact on the societal right to cancer research is uncertain. Emerging normative literature demonstrates why the effects of intellectual property rights laws may not be as intended. However, with protection against the entrenchment of intellectual property laws through harnessing the human rights recognized under international and EU laws, States can uphold the benefits of scientific innovations beyond healthcare services. Through a multi-stakeholder collaborative approach, scientists and policymakers can potentially influence the direction of future legislative and policy efforts to align with international and EU human rights standards. This article will explore how cancer research has been reshaped by intellectual property rights laws within the EU and will seek to reconcile the challenges of striking that elusive equilibrium in the public-private interest domain.