Pharmaceutical Patent Protection and Development in Sub-Saharan Africa: Laws, Institutions, Practices, and Politics

This thesis critically investigates patent protection of medicines in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter SSA or Africa). The thesis begins by outlining the systemic problems associated with the prevailing globalized patent regime and the regime's inability to promote access to life-saving medicines at affordable prices in poor regions such as SSA. The thesis then goes on to argue that for pharmaceutical patents to retain their relevance in SSA countries human development concepts must be integrated into global patent law- and policy-making. An integrative approach here implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medicines to treat epidemics in SSA. The interplay of the sub-themes of laws, institutions, practices, and politics as chief instruments in the planning and design of international norms on patents will bring to the fore the urgent quest for pharmaceutical patent reforms to accommodate the need for human development in countries in SSA.;Further, I suggest that SSA countries adopt an evidenced-based approach to implementing the newly reconfigured global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local needs assessments and the use of empirical data to shape domestic patent law making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis so that medicines will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach I propose in this thesis is sensitive to the public health needs of the citizens affected by epidemics, and to the imperative of building local manufacturing capabilities in pharmaceutical research and development in SSA.