Intellectual property framework responses to health emergencies – options for Africa

نویسندگان

چکیده

We debate whether intellectual property (IP) protection of medical products and devices required to prevent, treat contain COVID-19 should be waived, as proposed by South Africa India, under the World Trade Organization (WTO)’s Agreement on Trade-related aspects Intellectual Property Rights (TRIPS Agreement). discuss existing public policy mechanisms TRIPS how these have been implemented at national level in Africa, find that proven inadequate they sub-optimally implemented. then consider Waiver proposal which has tabled due inadequacy outline EU’s counter is founded mechanisms. Both proposals served multiple WTO council meetings would subject 2021 Ministerial Conference, was postponed now set held June 2022. Meanwhile, negotiations between EU USA (‘the quad’) and, May 2022, opened for consideration all Members. Whatever outcome deliberations, African states must take necessary IP regulatory reforms cooperate sub-regional continental improve access meet their citizenry’s healthcare needs. Significance: There need a sustainable comprehensive framework responsive health emergencies. Existing not effective. Adaptation innovation are international norm-setting evidenced two in-progress waiver an International Treaty Pandemics. contested may only actualise medium long term. In context such uncertainty delay, timely action taken level, through legislative reform coupled with manufacturing capacity, will boosted cooperation states.

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ژورنال

عنوان ژورنال: South African Journal of Science

سال: 2022

ISSN: ['0038-2353', '1996-7489']

DOI: https://doi.org/10.17159/sajs.2022/12775