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This book critically investigates the patent protection of
medication in light of the threats posed by HIV/AIDS, malaria and
tuberculosis epidemics to the citizens of countries in Sub-Saharan
Africa (hereinafter "SSA" or "Africa"). The book outlines the
systemic problems associated with the prevailing globalized patent
regime and the regime's inability to promote access to life-saving
medication at affordable prices in SSA. It argues that for
pharmaceutical patents to retain their relevance in SSA countries,
human development concepts must be integrated into global patent
law- and policy-making. An integrative approach implies developing
additional public health and human development
exceptions/limitations to the exercise of patent rights with the
goal of scaling up access to medication that can treat epidemics in
SSA. By drawing on multiple perspectives of laws, institutions,
practices, and politics, the book suggests that SSA countries adopt
an evidence-based approach to implementing global patent standards
in domestic jurisdictions. This evidence-based approach would
include mechanisms like local need assessments and the use of
empirical data to shape domestic patent law-making endeavors. The
approach also implies revising patent rules and policies with a
pro-poor and pro-health emphasis, so that medication will be more
affordable and accessible to the citizens of SSA countries. It also
suggests considering the opinions of individuals and pro-access
institutions in enacting crucial pieces of health-related statutes
in SSA countries. The approach in this book is sensitive to the
public health needs of the citizens affected by epidemics and to
the imperative of building local manufacturing facilities for
pharmaceutical research and development in SSA.
This book critically investigates the patent protection of
medication in light of the threats posed by HIV/AIDS, malaria and
tuberculosis epidemics to the citizens of countries in Sub-Saharan
Africa (hereinafter "SSA" or "Africa"). The book outlines the
systemic problems associated with the prevailing globalized patent
regime and the regime's inability to promote access to life-saving
medication at affordable prices in SSA. It argues that for
pharmaceutical patents to retain their relevance in SSA countries,
human development concepts must be integrated into global patent
law- and policy-making. An integrative approach implies developing
additional public health and human development
exceptions/limitations to the exercise of patent rights with the
goal of scaling up access to medication that can treat epidemics in
SSA. By drawing on multiple perspectives of laws, institutions,
practices, and politics, the book suggests that SSA countries adopt
an evidence-based approach to implementing global patent standards
in domestic jurisdictions. This evidence-based approach would
include mechanisms like local need assessments and the use of
empirical data to shape domestic patent law-making endeavors. The
approach also implies revising patent rules and policies with a
pro-poor and pro-health emphasis, so that medication will be more
affordable and accessible to the citizens of SSA countries. It also
suggests considering the opinions of individuals and pro-access
institutions in enacting crucial pieces of health-related statutes
in SSA countries. The approach in this book is sensitive to the
public health needs of the citizens affected by epidemics and to
the imperative of building local manufacturing facilities for
pharmaceutical research and development in SSA.
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