Kidney transplantation (KT) as a medical treatment for end-stage renal disease (ESRD) is cost-effective even in developing countries and this treatment has continued to record good success rates. Despite this positive development, the practice of KT continues to face varying challenges across developed and developing countries alike. In developing countries, however, the management of post-transplantation issues is a major challenge. The discovery of immunosuppressant drugs, the accessibility of these drugs and technological advancements that reduce the impact of pre- and post-transplant issues in developed countries is still not readily available in developing countries. This is largely because of restricted access to immunosuppressants and the availability of medications for post-transplant conditions. This article therefore highlights and discusses the implications of the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the access to immunosuppressant drugs in developing countries. The authors conclude that although the TRIPS Agreement continues to hinder the desired access to immunosuppressants thereby worsening the prospects of KT recipients in developing countries, these countries should maximise the flexibilities available under the treaty to improve access to immunosuppressant drugs.
African Journal of International and Comparative Law – Edinburgh University Press
Published: May 1, 2021