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Patent protection and access to HIV/AIDS pharmaceuticals in Sub-Saharan Africa.
2000
G 25 PAT
Available at WIPO Library
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Title
Patent protection and access to HIV/AIDS pharmaceuticals in Sub-Saharan Africa.
Description
v, 100 pages ; [28] cm
Alternate Call Number
G 25 PAT
Summary
This report examines the role that patents play in access to pharmaceuticals in the HIV/AIDS crisis of sub-Saharan Africa. The report aims to provide unbiased information about the international patent regime, the current patent status of certain HIV/AIDS drugs in sub-Saharan Africa and opportunities that exist through flexibility in international patent law that may help to improve access to HIV/AIDS drugs in that region. The report concludes that providing state-of-the-art HIV/AIDS therapies to patients in poor countries requires two kinds of subsidies. The first is the indirect subsidy which consumers in developed countries pay in the form of higher prices for patented drugs. The patent incentive in countries such as the United States induces the free market to test and develop new products. Without the patent incentive, life- sustaining AIDS therapies would simply be unavailable even to the wealthiest consumers. The second kind of subsidy is direct funding of the treatment infrastructure and the purchase of drugs for patients in poor countries by the governments of developed countries acting in concert with one another through international programs such as UNAIDS.
Formatted Contents Note
Acknowledgements
Abbreviations and Acronyms
Overview
1. HIV/AIDS Crisis in Sub-Saharan Africa
1.1 The International Response
1.2 Focus on Access to Drugs
1.3 Change in U.S. and EU Patent Policies
1.4 Compulsory Licensing, Parallel Imports and Generic Production
2. The International Patent Regime
2.2 TRIPS Provisions for Flexibility
2.3 Limited Exceptions to Patent Rights
2.4 Parallel Importation
2.5 Compulsory Licensing
2.6 Transition Periods
3. The Patent Situation in Sub-Saharan Africa
3.1 ARIPO
3.2 OAPI
3.3 Other Sub-Saharan Africa Countries
3.4 Results of Patent Surveys
4. Conclusions
4.1 The TRIPS Agreement is Not the Problem
4.2 Patents are Not the Problem
4.3 Financing is the Problem
5. Recommendations
5.1 Changing Perceptions
5.1.1 WIPO should undertake a project to determine, definitively, the patent status of all HIV/AIDS medications in sub-Saharan Africa
5.2 TRIPS Implementation – Model Legislation and Training
5.3 Enhanced WIPO Collaboration
6. Country Profiles
7. Definitions and Terminology
Abbreviations and Acronyms
Overview
1. HIV/AIDS Crisis in Sub-Saharan Africa
1.1 The International Response
1.2 Focus on Access to Drugs
1.3 Change in U.S. and EU Patent Policies
1.4 Compulsory Licensing, Parallel Imports and Generic Production
2. The International Patent Regime
2.2 TRIPS Provisions for Flexibility
2.3 Limited Exceptions to Patent Rights
2.4 Parallel Importation
2.5 Compulsory Licensing
2.6 Transition Periods
3. The Patent Situation in Sub-Saharan Africa
3.1 ARIPO
3.2 OAPI
3.3 Other Sub-Saharan Africa Countries
3.4 Results of Patent Surveys
4. Conclusions
4.1 The TRIPS Agreement is Not the Problem
4.2 Patents are Not the Problem
4.3 Financing is the Problem
5. Recommendations
5.1 Changing Perceptions
5.1.1 WIPO should undertake a project to determine, definitively, the patent status of all HIV/AIDS medications in sub-Saharan Africa
5.2 TRIPS Implementation – Model Legislation and Training
5.3 Enhanced WIPO Collaboration
6. Country Profiles
7. Definitions and Terminology
Published
Washington, DC : International Intellectual Property Institute (IIPI), 2000.
Language
English
Record Appears in
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