IDEAS home Printed from https://ideas.repec.org/b/wbk/wbpubs/13542.html
   My bibliography  Save this book

Improving Access to HIV/AIDS Medicines in Africa : Trade-related Aspects of Intellectual Property Rights Flexibilities

Author

Listed:
  • Patrick L. Osewe
  • Yvonne K. Nkrumah
  • Emmanuel K. Sackey

Abstract

The study begins with an overview of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and its flexibilities, delineating the legal requirements of the TRIPS agreement regarding their use. It then examines the challenges entailed in the beneficial interpretation and implementation of the TRIPS agreement at both the national and regional levels under the auspices of African Regional Intellectual Property Organization (ARIPO) and African Intellectual Property Organization (OAPI). The next section reviews the domestic antiretroviral (ARV) production experiences of Zimbabwe, Kenya, South Africa, and Ghana with an eye for evaluating the option of sustainable local production. The study is based on existing literature and on interaction with various key players and resource persons in government institutions, the private sector, and civil society groups, especially nongovernmental organizations (NGOs) at the national level. Information was gathered from officials of the regional patent institutions, OAPI and ARIPO, along with official documents of these institutions. International organizations involved in HIV/AIDS work in Sub-Saharan Africa (SSA) also provided input. The study was conducted under considerable time and logistical constraints, making it difficult to meet and interview all the persons that the authors wished to consult during travel across the African continent. Another limitation was the lack of an easily accessible database on ARVs and other HIV/AIDS medicines being used in Africa, their patent status, and their relative prices. National drug procurement bodies were often reluctant to divulge information on prices and quantities of medicines obtained.

Suggested Citation

  • Patrick L. Osewe & Yvonne K. Nkrumah & Emmanuel K. Sackey, 2010. "Improving Access to HIV/AIDS Medicines in Africa : Trade-related Aspects of Intellectual Property Rights Flexibilities," World Bank Publications - Books, The World Bank Group, number 13542, December.
    • Handle: RePEc:wbk:wbpubs:13542
    as

    Download full text from publisher

    File URL: https://openknowledge.worldbank.org/bitstream/handle/10986/13542/9780821375440.pdf?sequence=1
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Sisule F. Musungu, 2008. "The Use of Flexibilities in TRIPS by Developing Countries: Can They Promot Access to Medicines?," Working Papers id:1649, eSocialSciences.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Samira Guennif, 2007. "Global harmonisation of intellectual property rights and local impact. Patent and access to medicines in developing countries under TRIPS and TRIPS plus provisions [Harmonisation globale des systèm," Post-Print hal-01345869, HAL.
    2. Gentile, Elisabetta, 2017. "Intellectual Property Rights and Foreign Technology Licensing in Developing Countries: An Empirical Investigation," ADB Economics Working Paper Series 515, Asian Development Bank.
    3. Kenneth C. Shadlen, 2011. "The Political Contradictions of Incremental Innovation: Lessons from Pharmaceutical Patent Examination in Brazil," Politics & Society, , vol. 39(2), pages 143-174, June.
    4. Joseph Mai & Andrey Stoyanov, 2014. "Home Country Bias in the Legal System: Empirical Evidence from the Intellectual Property Rights Protection in Canada," Working Papers 2014_3, York University, Department of Economics.
    5. Sunil Kanwar, 2012. "Intellectual Property Protection and Technology Licensing: The Case of Developing Countries," Journal of Law and Economics, University of Chicago Press, vol. 55(3), pages 539-564.
    6. Guennif, Samira, 2015. "La licence obligatoire : outil emblématique de la protection de la santé publique au Sud," Revue de la Régulation - Capitalisme, institutions, pouvoirs, Association Recherche et Régulation, vol. 17.
    7. Sweet, Cassandra Mehlig & Eterovic Maggio, Dalibor Sacha, 2015. "Do Stronger Intellectual Property Rights Increase Innovation?," World Development, Elsevier, vol. 66(C), pages 665-677.
    8. Carlos M. Correa, 2016. "Intellectual Property: How Much Room is Left for Industrial Policy?," Journal of International Commerce, Economics and Policy (JICEP), World Scientific Publishing Co. Pte. Ltd., vol. 7(02), pages 1-22, June.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wbk:wbpubs:13542. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Tal Ayalon (email available below). General contact details of provider: https://edirc.repec.org/data/dvewbus.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.