Eighteen Years After Doha: An Analysis of the Use of Public Health TRIPS Flexibilities in Africa

58 Pages Posted: 16 Apr 2020

See all articles by Yousuf A. Vawda

Yousuf A. Vawda

University of KwaZulu-Natal

Bonginkosi Shozi

University of KwaZulu-Natal

Date Written: February 15, 2020

Abstract

As we observe the 18th anniversary of the Doha Declaration on the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) and Public Health, it is appropriate to take stock of intellectual property developments and endeavour to present a comprehensive account of the situation in the African continent in respect of the implementation of TRIPS flexibilities, specifically those regarding access to medicines. This research paper provides an overview of the extent to which selected African countries have adopted legal and policy frameworks with regard to TRIPS flexibilities, examines the actual use of these flexibilities in enabling access to medicines in those countries, and suggests some recommendations for optimising the use of the flexibilities in pursuing public health imperatives.

Keywords: Access to Medicines, Affordable Medicines, Africa, African Regional Intellectual Property Organization (ARIPO), Bolar, Competition Law, Competition Policy, Compulsory Licenses, Doha Declaration on the TRIPS Agreement and Public Health, East African Community (EAC), Flexibilities, Government Use, Hea

JEL Classification: I1, I18

Suggested Citation

Vawda, Yousuf A. and Shozi, Bonginkosi, Eighteen Years After Doha: An Analysis of the Use of Public Health TRIPS Flexibilities in Africa (February 15, 2020). Available at SSRN: https://ssrn.com/abstract=3559478 or http://dx.doi.org/10.2139/ssrn.3559478

Yousuf A. Vawda (Contact Author)

University of KwaZulu-Natal ( email )

Umbilo Road
Durban 4000, KZN 4000
South Africa

Bonginkosi Shozi

University of KwaZulu-Natal ( email )

238 Mazisi Kunene Road
Glenwood
Durban, KwaZulu-Natal 4041
South Africa

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