TRIPS Agreement

In Search of a Suitable Theoretical Justification for Patent Rights

The book is a must-read for policymakers, governments, regional communities, students, researchers, health practitioners and anyone that may be interested in 'the access to medicine for all' campaign. The depth of analysis and critical thinking renders the author's arguments very persuasive and practical. It will stimulate the readers to view patent law and policy as a ‘work in progress’ rather than being ‘cast in stone’ and get them thinking about how it can be further improved. The book is highly recommended.

The TRIPS Waiver Compromise Draft Text: A Preliminary Assessment

It is perhaps too early to predict what a final waiver text may look like. Nevertheless, it is probably not too far-fetched to assume that the outcome of the quadrilateral negotiations between India, South Africa, the EU, and the US, i.e. the compromise waiver text, would constitute the basis of any final waiver decision.

Can States Invoke the National Security Exception in the TRIPS Agreement in Response to COVID-19?

In theory, states may be able to invoke Article 73(b)(iii) in defence of measures that are implemented to tackle COVID-19. However, in this post, I have not sought to analyse whether or not invoking Article 73(b)(iii) is a realistic option for some states (especially those in the global south). In a separate post published here, I have suggested that, while (in theory) states might be able to invoke the security exception in the TRIPS Agreement in response to COVID-19, this is not necessarily a realistic option (especially for states that do not possess local manufacturing capacity).

Re-thinking Large Scale Agricultural Land Acquisition through a Contract Model

In the grander scheme of things, amidst the crisis of climate change in which the vulnerability of Africa continues to unravel, Africa remains a preferred choice of FDI in agriculture for the export of green energy and for food. This situation raises concerns about displacements, conflicts, shrinking traditional landraces and continental food security writ large. The traction for agricultural FDI comes through the scheme of large scale agricultural land acquisitions, which activists framed as agricultural “land grabs”.

Is Morocco Africa’s Leading Free Trade Bastion?

It is clear that over the past decade, there is perhaps no other African country that has made such large concessions to the United States as Morocco has. By first adjusting its intellectual property laws, and now allowing the importation of American poultry despite concerns for its domestic market, Morocco's has affirmed its loyalty to its trade partner. By contrast, countries such as South Africa, which refused the U.S.'s intellectual property law requirements and implemented anti-dumping tariffs against American poultry, are moving in the opposite direction of liberalized free trade with the United States particularly with regard to poultry.