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Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework
Dissertation (LLM (Human Rights))--University of Pretoria, 2014.
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University of Pretoria
2026
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| _version_ | 1867613458479972352 |
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| access_status_str | Open Access |
| author2 | Soyeju, Olufemi Olugbemiga |
| author_browse | Soyeju, Olufemi Olugbemiga |
| author_facet | Soyeju, Olufemi Olugbemiga |
| collection | Thesis |
| dc_rights_str_mv | © 2025 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Human Rights))--University of Pretoria, 2014. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/109725 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:28.181Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/109725 Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework Soyeju, Olufemi Olugbemiga u14203198@tuks.co.za Wabwire, Joshua UCTD Sustainable Development Goals (SDGs) Public health policy Patent protection Intellectual property rights East African Community (EAC) Dissertation (LLM (Human Rights))--University of Pretoria, 2014. The East African Community (EAC) states recently adopted a policy on utilising the WTO-TRIPS flexibilities on public health. The policy spells out a number of flexibilities and the minimum standards thereof to be enacted in domestic legislation. This study critically reviews this policy. In doing this, the study notes that the EAC member states, like most developing states, have very low per capita income levels. The people are too poor to afford expensive medicines. At the same time, these countries are faced with peculiar, region-specific diseases, the so-called ‘African diseases.’ Already, these diseases have been neglected by foreign pharmaceuticals reluctant to invest in developing medicines for poor markets. There are no established pharmaceuticals in the EAC states. It is against this background that this research makes an argument against the aforementioned policy. It will be demonstrated that the policy is biased towards ensuring access to medicines through price-reduction, at the expense of patent protection. This approach is inappropriate because: first, given the absence of market incentives to invest in developing medicines for African diseases, the policy will only worsen the already bad situation since it undermines the strongest alternative incentive (patent protection); and second, such a policy will not only discourage foreign pharmaceuticals further but also suppress domestic pharmaceutical activity, which is undoubtedly necessary in view of the growing neglect of African diseases by foreign pharmaceuticals. Centre for Human Rights LLM (Human Rights) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2026-04-23T09:41:46Z 2026-04-23T09:41:46Z 2014 2014-05 Mini Dissertation * S2014 http://hdl.handle.net/2263/109725 en © 2025 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Public health policy Patent protection Intellectual property rights East African Community (EAC) Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework |
| title | Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework |
| title_full | Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework |
| title_fullStr | Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework |
| title_full_unstemmed | Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework |
| title_short | Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework |
| title_sort | utilizing the wto trips flexibilities on public health at a regional level a critical review of the east african community framework |
| topic | UCTD Sustainable Development Goals (SDGs) Public health policy Patent protection Intellectual property rights East African Community (EAC) |
| url | http://hdl.handle.net/2263/109725 |