Access to essential medicines in East Africa: A review of East Africa community and its member states approach to WTO-TRIPS public health flexibilities
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Date
2018
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
Magister Legum - LLM (Mercantile and Labour Law)
Description
When the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was
annexed to the Agreement Establishing the World Trade Organisation (WTO) in 1994, it set
minimum standards for intellectual property (IP) protection, including protection of patent
rights, that must be observed and enforced by all WTO Member States. On the one hand,
stringent Intellectual Property protection as seen innovation in the field of science where
medical innovation hasled to the creation of live saving vaccines which have reduced
prevalence of diseases, ranging from polio to the human Papillomavirus, and invention of
antiretroviral medicines which have greatly improved the lives of people living with the
Huma Immunodeficiency Virus (HIV). On the other hand, the fulfilment of the obligations
under TRIPS has generated a lot of controversy especially as they have been seen as the
cause of reduced access to essential medicines in developing countries.
Keywords
Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organisation (WTO), East Africa, Essential medicines