Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Rwanda's New Intellectual Property Law and Compulsory Licensing for Export Under the WTO: Not Quite a Panacea

Rwanda's New Intellectual Property Law and Compulsory Licensing for Export Under the WTO: Not... I. INTRODUCTION In September 2008, Rwanda imported 26,000 packs of TriAvir from Canada.1 In doing so, the East African state became the first importing country to make use of and benefit from the World Trade Organization (WTO) procedure painstakingly negotiated to resolve the conflict between intellectual property rights (IPRs) standards under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and access to medicines.2 Before the importation could occur, Apotex, a Canadian producer of generic medicines, had to successfully navigate a difficult and time-consuming process under Canadian patent laws. This was necessary in order to legally attain a compulsory licence to manufacture and export a generic fixed-dosed combination of three patented medicines used in the treatment of HIV/AIDS. The Apotex­Rwanda case is to date the only example of countries successfully using the 30 August Decision. The legal and administrative rigours in Canada's compulsory licence for export regime have been cited by scholars and industry as key factors explaining the paucity in utilisation of the system which came into force in Canada more than seven years ago.3 Lecturer in the Commercial Law Department at the University of Cape Town and Southern African Representative in the Executive Committee http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Rwanda's New Intellectual Property Law and Compulsory Licensing for Export Under the WTO: Not Quite a Panacea

Loading next page...
 
/lp/edinburgh-university-press/rwanda-s-new-intellectual-property-law-and-compulsory-licensing-for-ndR1uv2lOG
Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0062
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION In September 2008, Rwanda imported 26,000 packs of TriAvir from Canada.1 In doing so, the East African state became the first importing country to make use of and benefit from the World Trade Organization (WTO) procedure painstakingly negotiated to resolve the conflict between intellectual property rights (IPRs) standards under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and access to medicines.2 Before the importation could occur, Apotex, a Canadian producer of generic medicines, had to successfully navigate a difficult and time-consuming process under Canadian patent laws. This was necessary in order to legally attain a compulsory licence to manufacture and export a generic fixed-dosed combination of three patented medicines used in the treatment of HIV/AIDS. The Apotex­Rwanda case is to date the only example of countries successfully using the 30 August Decision. The legal and administrative rigours in Canada's compulsory licence for export regime have been cited by scholars and industry as key factors explaining the paucity in utilisation of the system which came into force in Canada more than seven years ago.3 Lecturer in the Commercial Law Department at the University of Cape Town and Southern African Representative in the Executive Committee

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Jun 1, 2013

There are no references for this article.