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Addressing the Risks That Trade Secret Protections Pose for Health and Rights.

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Trade secrecy law hinders access to medicines by restricting data sharing and manufacturing scale-up. This paper explores these conflicts and proposes solutions aligned with international law to improve global health equity.

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Area of Science:

  • Public Health Law
  • Intellectual Property Law
  • Global Health Equity

Background:

  • International human rights frameworks establish the right to health and scientific progress, creating state obligations for medicine access.
  • While patent impacts on medicine access are known, the influence of trade secrecy law remains under-examined.
  • Trade secrecy can impede access to essential medicines and health technologies.

Purpose of the Study:

  • To analyze the conflict between trade secrecy protections and access to medicines.
  • To identify specific ways trade secrecy law negatively impacts public health.
  • To propose legal and policy measures to mitigate these conflicts.

Main Methods:

  • Legal analysis of trade secrecy provisions in the context of health technologies.
  • Examination of case examples illustrating conflicts between trade secrecy and access to medicines.
  • Review of international human rights law and intellectual property agreements.

Main Results:

  • Trade secrecy obstructs researchers' access to crucial clinical trial data.
  • It hinders the rapid scale-up of manufacturing, particularly during health crises like pandemics.
  • Secrecy deters whistleblowers from reporting corporate misconduct, compromising safety and quality.

Conclusions:

  • Trade secrecy poses a significant, underappreciated barrier to accessing affordable, high-quality medicines.
  • Measures are proposed to reconcile trade secrecy with health needs, consistent with international law.
  • Reforms can advance global health and innovation without compromising intellectual property rights.