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Improving Access to HIV/AIDS Medicines in Africa: Trade-Related Aspects of Intellectual Property Rights Flexibilities.

Publication year: 
Author (s): 
Osewe, P L; Nkrumah, Y K; Sackey, E K.
Corporate author: 
World Bank; ARIPO.
Publication details: 
Washington, World Bank, 2008

This study analyzes the extent to which countries in Sub-Saharan Africa (SSA) have been able to utilize flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to improve affordable access to medicines for HIV/AIDS. It also examines the option of local manufacture of antiretroviral medications, based on the experiences of four countries, and evaluates challenges to the sustainability of this option in the Sub-Saharan African context. The study first reviews the involvement of countries in the SSA region in the evolution of the debates within the World Trade Organization(WTO) regarding access to medicines and the protection of public health. The TRIPS Agreement of April 15, 1994; the Doha Ministerial
Declaration of November 14, 2001 (the Declaration); and the WTO
General Council Decision of August 30, 2003 (the Decision), all provided
the framework for interpretation of the TRIPS flexibilities, reflecting the
input of African countries