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Exploring the legal means of enhancing access to essential medicines in South Africa

The introduction of ARVs to the care and treatment of HIV and AIDS must comply with South African patent law and international obligations under the TRIPS agreement. However, the prices of patented and/or branded drugs supplied by the manufacturers may prevent equitable access to necessary drugs for...

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Main Author: Moyo, Admark
Other Authors: Chirwa, Danwood M
Format: Thesis
Language:English
English
Published: Centre for Law and Society 2025
Subjects:
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access_status_str Open Access
author Moyo, Admark
author2 Chirwa, Danwood M
author_browse Chirwa, Danwood M
Moyo, Admark
author_facet Chirwa, Danwood M
Moyo, Admark
author_sort Moyo, Admark
collection Thesis
description The introduction of ARVs to the care and treatment of HIV and AIDS must comply with South African patent law and international obligations under the TRIPS agreement. However, the prices of patented and/or branded drugs supplied by the manufacturers may prevent equitable access to necessary drugs for South Africans. Recent international trade agreements and the South African law provide a number of ways to address this dilemma. Therefore, if it is deemed necessary and expedient, the government may consider the implementation of measures such as voluntary licensing, compulsory licensing and parallel importation to purchase drugs at affordable and favourable prices (my emphasis).
format Thesis
id oai:open.uct.ac.za:11427/41432
institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:47:12.675Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher Centre for Law and Society
publisherStr Centre for Law and Society
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/41432 Exploring the legal means of enhancing access to essential medicines in South Africa Moyo, Admark Chirwa, Danwood M Human Rights Law The introduction of ARVs to the care and treatment of HIV and AIDS must comply with South African patent law and international obligations under the TRIPS agreement. However, the prices of patented and/or branded drugs supplied by the manufacturers may prevent equitable access to necessary drugs for South Africans. Recent international trade agreements and the South African law provide a number of ways to address this dilemma. Therefore, if it is deemed necessary and expedient, the government may consider the implementation of measures such as voluntary licensing, compulsory licensing and parallel importation to purchase drugs at affordable and favourable prices (my emphasis). 2025-05-13T08:28:10Z 2025-05-13T08:28:10Z 2008 2025-05-13T08:25:25Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/41432 en eng application/pdf Centre for Law and Society Faculty of Law Uniersity of Cape Town
spellingShingle Human Rights Law
Moyo, Admark
Exploring the legal means of enhancing access to essential medicines in South Africa
thesis_degree_str Master's
title Exploring the legal means of enhancing access to essential medicines in South Africa
title_full Exploring the legal means of enhancing access to essential medicines in South Africa
title_fullStr Exploring the legal means of enhancing access to essential medicines in South Africa
title_full_unstemmed Exploring the legal means of enhancing access to essential medicines in South Africa
title_short Exploring the legal means of enhancing access to essential medicines in South Africa
title_sort exploring the legal means of enhancing access to essential medicines in south africa
topic Human Rights Law
url http://hdl.handle.net/11427/41432
work_keys_str_mv AT moyoadmark exploringthelegalmeansofenhancingaccesstoessentialmedicinesinsouthafrica