Now showing items 1-5 of 5
Examining the legality of affordability requirements as a substantive condition for granting compulsory licences pursuant to the TRIPS agreement
This article examines whether the so-called reasonably affordable requirements of the public remains a valid condition under TRIPS on which World Trade Organisation members can grant compulsory licences. This article frames ...
Self-defeating reasons for signing the African Growth and Opportunity Act : analysing the pressure on African countries to enact UPOV Convention Plant Breeders’ Rights as opposed to effective sui generis regimes under TRIPS
In the absence of domestic standard-setting, it seems that the legislative landscapes of poor countries are subject to the policy direction of key developed countries which seek the highest returns from transnational trade ...
Deploying pre-grant patent opposition mechanisms in Africa to monitor abuse of the patent system
This article examines the extent to which African countries could deploy pre-grant patent opposition provisions in their domestic patent regimes to mitigate the abuse of the patent system. The author argues that the public ...
Building national initiatives of compulsory licences : reflecting on the Indian jurisprudence as a model for developing countries
The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented ...