Author Information
Author: Sisule F. Musungu
Position: Legal Researcher and Policy Analyst on Innovation, Intellectual Property, and Human Rights
Affiliations (at time of publication):
- University of Bern (PhD Candidate)
- Senior Samuelson Fellow, Information Society Project, Yale Law School
- Associate Research Scholar, Yale Law School
Paper Details
Title: Access to ART and Other Essential Medicines in Sub-Saharan Africa: Intellectual Property and Relevant Legislations
Author: Sisule F. Musungu
Date: September 2007
Commissioned By: United Nations Development Programme (UNDP) Regional Service Centre for Eastern and Southern Africa
Subject Area: Intellectual Property, Public Health, Access to Medicines, Patent Law
Overview
This report examines access to antiretroviral therapy (ART) and essential medicines in Sub-Saharan Africa, focusing on how intellectual property laws and patent protection influence availability and affordability of medicines. The study reviews national legislation across Sub-Saharan African countries and analyzes the use of TRIPS flexibilities to improve access to medicines.
Main Areas Discussed
- TRIPS Agreement and public health
- Patent protection and access to medicines
- Compulsory licensing
- Parallel imports
- Research exemptions
- Early working (Bolar) exception
- Test data protection
- Legislative frameworks across Sub-Saharan Africa
Key Themes
- Intellectual property and public health
- Access to medicines in Africa
- TRIPS flexibilities
- Patent law and pharmaceuticals
- Regional IP legislation in Sub-Saharan Africa
About the Article
The report evaluates how intellectual property laws affect access to HIV/AIDS treatment and other essential medicines in Sub-Saharan Africa, highlighting legislative gaps and recommending improved use of TRIPS flexibilities to enhance access to affordable medicines.
Suggested Citation
Musungu, Sisule F.
Access to ART and Other Essential Medicines in Sub-Saharan Africa: Intellectual Property and Relevant Legislations
UNDP Regional Service Centre for Eastern and Southern Africa, September 2007
