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Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects
Thesis (LLD)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613529939378176 |
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| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/52384 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:36.202Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| 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:2263/52384 Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects Viljoen, Frans Baker, Brook Enga Kameni, Innocent UCTD Accessible medicines Access to healthcare Partnerships SDG-03: Good health and well-being SDG-10: Reduced inequalities SDG-17: Partnerships for the goals Law theses SDG-03 Law theses SDG-10 Law theses SDG-17 Thesis (LLD)--University of Pretoria, 2015. Countries that are members of the African Intellectual Property Organisation (OAPI) are facing many problems with regard to facilitating access to medicines in their respective territories. These problems have been caused by both internal and external factors. Central to these problems have been the perceived inability and unwillingness of OAPI to put in place a regional intellectual property (IP) framework conducive to the promotion and protection of access to medicines. This has been an unwelcome development, not least because neither OAPI members that are least-developed countries (LDC)s, nor those that are developing countries, have taken full advantage of the flexibilities negotiated within the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This unfavourable development is neither justifiable nor sustainable, especially at a time when many African countries (non-OAPI members) are in the forefront of protecting access to medicines through law reforms. This thesis traces the origins of OAPI from its inception in 1962 to the present. It looks, in particular, at the successive OAPI patent regimes and discusses their impact on access to medicines. The overall conclusion drawn is that successive amendments to the initial agreement have strengthened patent rights. This in turn has stymied access to medicine initiatives in the OAPI region because it has, for instance, limited the use of compulsory licences. However, it is submitted that the current situation can be changed through a combination of policy initiatives, including using a human rights approach to access to medicines; getting non-governmental organisations (NGOs) involved and, above all, reforming the entire patent regime under the Bangui Agreement. tm2016 Centre for Human Rights LLD Unrestricted 2016-05-04T13:46:08Z 2016-05-04T13:46:08Z 2015-12-10 2015 Thesis Enga Kameni, I 2015, Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/52384> D2015 http://hdl.handle.net/2263/52384 en ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Accessible medicines Access to healthcare Partnerships SDG-03: Good health and well-being SDG-10: Reduced inequalities SDG-17: Partnerships for the goals Law theses SDG-03 Law theses SDG-10 Law theses SDG-17 Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects |
| title | Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects |
| title_full | Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects |
| title_fullStr | Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects |
| title_full_unstemmed | Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects |
| title_short | Implementation of trips public health flexibilities in the African Intellectual Property Organisation (OAPI) region : problems and prospects |
| title_sort | implementation of trips public health flexibilities in the african intellectual property organisation oapi region problems and prospects |
| topic | UCTD Accessible medicines Access to healthcare Partnerships SDG-03: Good health and well-being SDG-10: Reduced inequalities SDG-17: Partnerships for the goals Law theses SDG-03 Law theses SDG-10 Law theses SDG-17 |
| url | http://hdl.handle.net/2263/52384 |