Responsibility of transnational corporations for restricting access to healthcare technologies in international law

Malichenko Vladislav Sergeevich

Health technologies have historically been the basis for organizing the provision of effective medical care, containment of infectious pandemics and counteraction to life-threatening diseases. A significant contribution to the pace of technological progress and the introduction of innovations in the health care systems is made by transnational corporations. The legal regime for the protection of intellectual property rights guarantees the exclusive rights of TNCs for a certain period of time, including making a profit to compensate for the economic costs of research and development. However, technology exclusivity permits high prices for technology, dramatically increasing government spending, limiting access to technology, and limiting the enjoyment of the human right to the highest attainable standard of health. The issue of responsibility of TNCs under international law has become a significant topic in scientific literature and documents of international organisations. The article reviews the main stages in the formation of the foundations for ensuring the responsibility of TNCs for violations of human rights in international law. The author pays special attention to the issue of the role of TNCs in ensuring the human right to health in the context of access to health technologies. The article formulates recommendations regarding the further development of the legal framework for ensuring the responsibility of TNCs for restrictions on ensuring the human right to health.

Keywords:TNCs, health technologies, international responsibility, right to health, patent protection.