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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:WTO Doha Ministerial Declaration and intellectual property: African perspectives
Author:Tshimanga KongoloISNI
Periodical:African Yearbook of International Law
Geographic term:Africa
TRIPS Agreement
medicinal drugs
Abstract:The fourth World Trade Organization (WTO) Ministerial Conference took place at Doha in November 2001. In addition to the Ministerial Declaration, a Declaration on TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and Public Health was adopted. This article examines the implications of the declaration for African countries. The declaration acknowledges flexibilities that may be utilized in the course of implementing the TRIPS Agreement in the domain of public health. The countries of Africa should make full use of these flexibilities. HIV/AIDS should be considered a national emergency to enable the possibility of limiting a patentee's exclusive rights by allowing the compulsory licence or parallel import of pharmaceutical products in general and anti-retroviral medicines in particular. From the same perspective, the manufacturing or import of generic drugs should be encouraged and permitted in case of national emergency. Notes, ref. [ASC Leiden abstract]