This Research paper sheds light upon one of the most critical legal questions of contemporary debate viz-a-viz the most vocal criticism(s) of the WTO’s TRIPS agreement for its detrimental effect on the crucial ‘right to health’, specifically-the effect of patent rights on the cost of medicines. Unequivocally, this paper progresses onto an engrossing discussion imitating a ‘tug-of-war’ between the idea of “incentivizing R&D” on one side and, the protection of people across the world from life threatening diseases such as HIV, AIDS & Cancer. This paper concludes with proposing a foolproof suggestion for striking the right balance between rigidity and flexibility through respective Governments legal policies for compulsory patenting. Finally, this paper also incorporates case study analysis, for undertaking a pragmatic approach to this issue and, adding credibility to our proposition!