The Impact of International Legal Rules in Facilitating the Public’s Access to Medicines in South Africa

Hobololo, Vuyisile (May 2017). The Impact of International Legal Rules in Facilitating the Public’s Access to Medicines in South Africa (SECO Working Paper Series 7/2017). World Trade Institute, University of Bern: SECO, World Trade Institute

Preview

Text working_paper_no_07_2017_hobololo.pdf - Published Version Available under License BORIS Standard License. Download (249kB) | Preview

This paper explores the role played by international legal treaties, conventions and agreements that are binding on South Africa, in promoting the public’s access to medicines. In greater detail the impact that the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 1994, the Convention on Biological Diversity of 1992, and the United States of America’s Bahy-Dole Act of 1980 have had in the development of South Africa intellectual property (IP) law is examined. In addition, a question regarding whether such international legal instruments have positively impacted the public’s access to medicines is considered. The paper concludes that compliance with international IP law rules is not a silver bullet that will solve South Africa’s challenges relating to access to medicines. The protection of the public’s right to access to medicines in South Africa is strongly dependent on the government’s political will of ensuring that IP law is implemented to serve public good and public and private pharmaceutical patent holders are held accountable regarding the socially-responsible utilization of their IP.

Interest & Impact

Downloads

263 since deposited on 05 May 2017
43 in the past 12 months

Citations

5 Citations in Web of Science ®
6 Citations in Scopus

Search

in Google Scholar™

Services

Actions (login required)

Edit item

Actions (login required)

Edit item