TRIPS FLEXIBILITIES AND DEVELOPING COUNTRIES: ANY HOPE FOR AFRICA IN THE FACE OF PANDEMICS?

Abstract

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on Intellectual Property globally. The areas of intellectual property that it covers are copyright and related rights , trademarks , geographical indications, industrial designs; patents, the layout-designs of integrated circuits; and undisclosed information. There are many Flexibilities available under TRIPs Agreement such as transition period, compulsory licenses, parallel imports, public and non-commercial use of patent, exceptions to patent rights, exceptions from patentability and limit on data protection. Furthermore, one of the aims of the Flexibilities is to permit developing countries to use TRIPS-compatible norms in a manner that enables them to pursue their own public health policies and have access to pharmaceutical products globally. This Paper will address these flexibilities and how Developing Countries can make use of them, in the face of Pandemics that ravage the world. It will also make recommendations for the smooth utilization of the Flexibilities in future Pandemics. Indeed, there is wide consensus on the use of these Flexibilities as mechanisms for the protection of Public health globally.