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Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework

Dissertation (LLM)--University of Pretoria, 2014

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Other Authors: Soyeju, Olufemi Olugbemiga
Format: Thesis
Language:English
Published: University of Pretoria 2015
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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 © 2014 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)--University of Pretoria, 2014
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
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publishDateRange 2015
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spelling oai:repository.up.ac.za:2263/43678 Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework Soyeju, Olufemi Olugbemiga wabwirejoshua@yahoo.com Warwire, Joshua WTO-Trips flexibilities UCTD Regional level East African communinity framework Dissertation (LLM)--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. gm2015 Centre for Human Rights LLM Unrestricted 2015-02-17T06:48:36Z 2015-02-17T06:48:36Z 2014-12-10 2014 Mini Dissertation Warwire, J 2014, Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/43678> M14/12/493/gm http://hdl.handle.net/2263/43678 en © 2014 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 WTO-Trips flexibilities
UCTD
Regional level
East African communinity framework
Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework
title Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework
title_full Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework
title_fullStr Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework
title_full_unstemmed Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework
title_short Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework
title_sort utilizing the wto trips flexibilities on public health at a regional level a critical review of the east african communinity framework
topic WTO-Trips flexibilities
UCTD
Regional level
East African communinity framework
url http://hdl.handle.net/2263/43678