The availability of HIV/AIDS drugs within the patent systems

Thumbnail Image
Wanchinga, Chilufya
Journal Title
Journal ISSN
Volume Title
The aim of this study was to investigate the adequacy of the main intellectual property (IP) rights regimes, including the Zambia's patents system in HIV/AIDS drugs accessibility. The thrust of the research hinges on demonstrating how the Decision of the General Council on TRIPS to Implement Paragraph 6 of the Doha Declaration on TRIPS Agreement of 2001 (Doha) substantially solves the problems of poor countries being unable to use the TRIPS flexibilities due to insufficient or no capacity to utilize compulsory licensing which is a major option under TRIPS However, a fair examination of other flexibilities under TRIPS has also been studied. The study mainly asks the question; What are the relevant provisions on the matter? The study has found that the IP regimes concerned adequately provide for drug accessibility, But the Zambian patents law needs to align itself with TRIPS so as to have easier access to compulsory licensing for medicines. The main recommendations is that the TRIPS agreement has a number of flexibilities which should be utilised by developing and poor countries to the full in order to combat HIV/AIDS. The main method of research was by way of desk research, interviews with non governmental and government authorities as well as the internet.
Antiretroviral agents --Africa, Sub-Saharan --Patents. , Anti-HIV Agents --supply & distribution --Africa South of the Sahara. , Drug Industry --Africa South of the Sahara.