Is local legislation preventing the flow of cheap drugs in Africa?

The ability of select Sub-Saharan African Countries to utilise TRIPs flexibilities and competition law to ensure a sustainable supply of essential medicines: a study of producing and importing countries

By: Avafia T, Berger J & Hartzenberg T
Published by: Trade Law Centre for Southern Africa (TRALAC) , 2006
Via: Eldis

This paper examines the implementation of the WTO Trade Related Aspects of Intellectual Property Rights (TRIPs) flexibilities related to access to essential medicines. The report specifically looks at three countries: Kenya, Zambia and South Africa. The paper argues that the major impediment to advancing access to essential medicines is a lack of institutional capacity to amend the required domestic regulations and to create institutions that facilitate this objective.
The article argues that countries in Sub-Saharan Africa will need to reform legislation and regulations related to patents, medicines and competition policy in order to take full advantage of TRIPs flexibilities. The paper also argues for increased regional coordination of such legislation.