The adoption by member states of the World Trade Organization (WTO)
of the Agreement on Trade Related Aspects of the Intellectual
Property Rights (TRIPS) in 1994 has remained controversial,
especially with regard to its implications for life-saving
medications in poor regions. TRIPS requires a minimum observance of
patent protection for both product and process goods including
pharmaceuticals worldwide. Thus, precipitating high cost of drugs
and hindering access for people in Africa. However, the TRIPS
Agreement contains useful exceptions which African countries can
invoke to ensure access to medications for their citizens. Some of
these exceptions include compulsory licensing, parallel imports and
early working exception. In reality the use of these exceptions has
proved very challenging for African countries partly due to
opposition by developed countries and lack of expertise and/or
capacity on the part of African countries. At the Doha Declaration
by the Ministerial Council of WTO it was reiterated that member
states of WTO have the right to invoke these exceptions,
particularly compulsory licensing, without restrictions.
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