The role of intellectual property rights on access to medicines in the WHO African region: 25 years after the TRIPS agreement

Abstract Background It is now 25 years since the adoption of Agreement on Trade-Related Aspects Intellectual Property Rights (TRIPS) and same concerns raised during its negotiations such as high prices medicines, market exclusivity delayed entry for generics remain relevant highlighted recently by Ebola COVID-19 pandemics. The World Health Organization’s (WHO) mandate to work interface between intellectual property, innovation access medicine has been continually reinforced extended include providing support countries implementation TRIPS flexibilities in collaboration with stakeholders. This study analyses role property medicines African Region. Methods We analyze patent data from Regional Organization (ARIPO) Organisation Africaine de la Propriété Intellectuelle (OAPI) provide a situational analysis patenting activity trends. also review legislation assess how are implemented countries. Results Patenting was low Only South Africa Cameroon appeared list top ten originator ARIPO OAPI respectively. Main diseases covered patents were HIV/AIDS, cardiovascular diseases, cancers tumors. Majority have allowing compulsory licensing parallel importation while least legislated explicit exemption pharmaceutical products patentable subject matter, new or second use patented products, imposition limits term extension test protection. Thirty-nine applied flexibilities, most common being developed country transition provisions. Conclusions Opportunities exist WHO reviewing their be more responsive public health needs.