Trade Related Aspects of Intellectual Property Rights (TRIPs): a barrier towards fighting HIV/AIDS in Africa

Abstract

Since the negotiation of the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement at WTO negotiations, rich countries and the pharmaceutical industry have delayed competition from generic medicines with disastrous consequences for millions of Africans with HIV/AIDS. This paper shall analyze: 1. How TRIPS Agreement safeguards to protect public health have been undermined by patent extensions, clinical trial data protection, obstruction on the import, export and transit of generic drugs thus favoring multinational pharmaceutical corporations, 2. Other blocking strategies such as the "manufacture of consent" and establishment of linkages with Free Trade Agreements and the Anti-Counterfeit Trade Agreement, 3. Intellectual Property (IP), and incentives to pharmaceutical Research and Development (R&D) in Africa, 4. Drug Policy toward Africa by the major foreign actors USA, EU, China and India.