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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'Affordable medicines' exceptions to patent rights under the TRIPS Agreement: some pointers for South Africa?
Author:Visser, CoenraadISNI
Periodical:The Comparative and International Law Journal of Southern Africa
Geographic term:South Africa
Subjects:TRIPS Agreement
medicinal drugs
Abstract:Recent litigation in South Africa relating to the exceptions to the rights of patentees of certain medicines has prompted public debate about ' affordable medicine'. In the course of this debate, much has been made of South Africa's 'international' obligations, most notably in terms of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). This article examines the exceptions to patent rights under the TRIPS Agreement, focusing on the interpretation of article 30 of the agreement, which concerns exceptions to the exclusive rights of patentees. It further suggests the amendment of South African patent law in order to allow cheaper generic medicines to reach the market sooner, in a way that does not breach South Africa's obligations under the TRIPS Agreement. Notes, ref.