The legal and political imperatives for proposed amendments of the South African Patents Act to implement TRIPS flexibilities and enhance the framework for access to medicines

A multitude of factors affect the ability of South Africans to access the essential medicines, intellectual property (IP) is one of them. This dissertation considers some of opportunities open to South Africa through international IP flexibilities, which are aimed at safeguarding public health rights against the sometimes access-restricting effects of patent right monopolies. Potential pitfalls are also highlighted, noting strategies for South Africa to avoid the worst of them. The paper begins by giving an overview of the way in which patents affect access to medicines, and contending that the time for making the proposed amendments is now.

Grantor dc:publisher.institution

Intellectual Property Research Unit

Year dc:date.issued

2012

Author dc:creator

• Kirk, Katie

Advisor dc:contributor.advisor

• Kinderlerer, Julian

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/13874

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/13874