Go to AfricaBib home

Go to AfricaBib home AfricaBib Go to database home

bibliographic database
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Combating the HIV/AIDS pandemic in Africa through proper implementation of treaty-law on trade aspects of intellectual property rights
Author:Adede, A.O.ISNI
Periodical:African Yearbook of International Law
Geographic term:Africa
medicinal drugs
TRIPS Agreement
Abstract:A number of policy and legal issues need to be addressed in mounting the campaign against HIV/AIDS in Africa, through actions based on 'proper implementation' of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The proper implementation of TRIPS relies upon its application in a 'flexible and supportive manner' by the developed Western States, pharmaceutical companies, philanthropic organizations, and international financial institutions. In establishing the link between treaty law and the fight against the HIV/AIDS pandemic, the focus is on section 5 of Part II of the Agreement, which deals with patents, the special patent regime established under Part VII for pharmaceuticals and agrochemicals, practices such as compulsory licensing, parallel importing, worldwide exhaustion of patent rights, pipeline protection, and viable domestic laws against restraint on trade, and the interplay between the disputes settlement procedure of TRIPS and the substantive rights sections of the Agreement. Beyond the efforts towards price reduction and affordability of drugs through proper implementation of TRIPS, the campaign must also include the search for a therapy regime that would shield African babies against HIV infection from contaminated mother's milk, the search for a universal AIDS vaccine, trials for an intermittent therapy regime, and a strong political will on the part of the leaders of African States to spearhead the campaign. Notes, ref.