Book review: The case for a holistic approach to IP law and access to medicines for least developed countries : an African perspective.

Journal article

1 electronic resource (pages 690-691)

The discourse surrounding IP rights (IPRs) as potential impediments to medical accessibility has been reignited in the wake of the Coronavirus pandemic (COVID-19) pandemic. The push to waive patents for COVID-19 vaccines, therapeutics and diagnostics, initiated by the proposal submitted by India and South Africa to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council in October 2020, faced staunch opposition from developed countries. Those against the waiver contended that IP protection is not a hindrance to access. They argued that existing TRIPS flexibilities, such as compulsory licensing and Article 31bis, added through an amendment to the TRIPS Agreement, are sufficient to ensure access to vaccines, therapeutics and diagnostics. Against this dynamic backdrop, Adekola’s book emerges as a timely exploration of these issues. The book delves into the intricate and sometimes contentious intersection of IPRs and access to medicines. Informed by the challenges posed by the COVID-19 pandemic, the work puts forth the compelling argument that (sub)regional mechanisms provide more effective avenues to address public health emergencies. This stands in contrast to the often convoluted and prolonged processes associated with both country-level measures and the decision-making hierarchy of international bodies, such as the World Trade Organization (WTO).

Intellectual Property Law & Practice ; 19, 8, 2024, 1747-1540.

Oxford, UK : Oxford University Press, 2024.

English

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