Utilising Public Health Flexibilities in the Era of COVID-19: An Analysis of Intellectual Property Regulation in the OAPI and MENA Regions
50 Pages Posted: 22 Mar 2023
Date Written: November 2021
Abstract
The paper explores the unique approaches to IP protection in the countries belonging to the Organisation Africaine de la Propriété Intellectuelle/African Intellectual Property Organization (OAPI) and the Middle East and North Africa (MENA) regions; the limited extent to which legal and policy frameworks with regard to TRIPS flexibilities have been adopted and implemented in pursuit of access to medicines in those countries; and makes recommendations in order to optimise the use of the flexibilities in advancing public health objectives. In the context of the COVID-19 pandemic, the impact of IP rights on access, and some approaches to countering the challenges to access are also discussed.
Keywords: Access to Medicines, African Intellectual Property Organization (OAPI), Bangui Agreement, Bolar, Compulsory Licenses, COVID-19, Flexibilities, Government Use, Health, Intellectual Property, LDC Transition Period, Middle East and North Africa (MENA), Parallel Imports, Patent, Patent Examination, Pate
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