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Journal of Emerging Trends in Educational Research and Policy Studies (JETERAPS) (Vol 1 No 1)
Article Title: An Assessment Of The Trips Agreement And Its Implication On Access To Medicine In Africa: A Focus On Covid-19 Pandemic
by Agbo Friday Ojonugwa, PhD

Abstract:
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was one of the foundational agreements at the establishment of the World Trade Organisation (WTO). By getting member nations to agree to a single set of rules governing the protection of intellectual property, the WTO was able to create a bedrock for rules-based international trade. However, it was quickly realized that while TRIPS served the interests of the developed nations and their well-established industrial bases, it was a millstone around the necks of developing nations, and nowhere was this more glaringly apparent than in the field of pharmaceuticals. The objective of this research was to examine in detail, the TRIPS agreement and its implication on access to medicine in Africa, with COVID 19 in focus. It reviewed the effects of the agreement on Africa and recommended greater implementation of public health concerns into the existing legal framework. This article discovered that the agreement restricted the ability of developing countries and African countries in particular to access vaccines and therapeutics for the treatment of COVID 19 pandemic. The article found out that in addition to high cost of production and specialized facilities required for the production of the COVID 19 vaccines which were domiciled in developed countries, the agreement made it difficult for developing countries to manufacture generic drugs. We recommended that tests and therapeutics for production of medications be included in the waiver for patent protections. We also recommended that, Africa has a critical role to play in solving its problems by ensuring that no agreement for trade negotiations is reached if its implementation will prevent them from making use of the flexibilities allowed in the TRIPS agreement. In addition, a human rights based approach to incorporate right to health into its national laws should be adopted by African countries to enhance access to medicines in Africa.
Keywords: Assessment, Trips, Agreement, Medicine, Implication, Covid-19, Pandemic
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