Access to medicine has been a major public health concern in most developing and least developed countries (LDCs), especially those in Africa.2 For many decades now, the continent has witnessed the outbreak of several diseases that claimed the lives of millions of people, such as malaria, HIV/AIDS, Ebola and, most recently, Covid-19 and monkeypox. These outbreaks have exposed the medical systems of most African states as weak and inefficient compared to other regions.
This is primarily attributable to several factors, including the high cost of medicine, inefficient regulatory frameworks, and the widespread influx of counterfeit drugs in the region. These challenges have sparked extensive debate among academics, experts, and international organisations regarding possible solutions. Access to medicines in Africa, together with the promotion of broader access to healthcare products and new technologies, has become a matter of great concern for the African Union (AU), its member states and the academic community.
Although Africa has made significant progress in healthcare, including the establishment of IP frameworks that promote access, a large segment of its population still lacks access to essential medicines. This study aims to examine the potential of the AfCFTA Protocol on Intellectual Property Rights (AfCFTA IP Protocol) to alleviate barriers to access to medicines in Africa, notwithstanding the fact that the Protocol has not yet come into force, has not been ratified by any country, and its annexes are still under negotiation. The central question considered in this study is the * LLB (University of Makeni) and LLM (University of Pretoria). 1 AE Yamin ‘Not just a tragedy: Access to medications as a right under international law’ (2006) 21 Boston University International Law Journal 325–370. 2 W Fisher et al ‘Fostering production of pharmaceutical products in developing countries’ (2021) 43 Michigan Journal of International Law 1. https://doi.org/10.47348/SAIPL/v13/i2a10 extent to which the AfCFTA IP Protocol may enhance access to medicines across Africa to address pressing public health concerns.
This research employs a desktop-based approach to discuss, examine, and analyse key issues regarding the topic under review. This approach makes use of both primary and secondary sources and information, including but not limited to the AfCFTA IP Protocol, the TRIPS Agreement and its 2005 amendment, the resolutions of the MC12 Conference, case laws, existing peer review literature and reports from the World Bank, World Trade Organization and the World Health Organization. The objective of the research is to analyse access to medicines, discuss and provide a better understanding about the topic, explore emerging issues, and establish a foundation for future research. The significance of this study lies in its objective to propose possible solutions in addressing access to medicines in Africa under the newly adopted AfCFTA IP Protocol.
This research will add to the existing literature on the subject, which would be of significant benefit to other scholars, governmental agencies and international organisations. If the findings and recommendations are implemented, they could play a pivotal role in developing efficient, reliable, and sustainable mechanisms for enhancing access to medicines across the continent. Download the PDF document from this Link