International Trade Law Flexibilities And Their Utilization

3. International Trade Law Flexibilities and their Utilization in Africa Thirty-nine African states are in the WTO. These states have the duty to comply with the WTO treaties, which among others includes the TRIPS Agreement. The Agreement requires states to respect the rights of patent holders over their products. Accordingly, only the patent owner has an exclusive right to make, use, to offer for sale, sell, or import the product. Nevertheless, amendments to the TRIPS Agreement issued exceptions that favor the public health needs of least developed countries. Among the thirty-nine WTO member states from Africa twenty-four are direct beneficiaries of these flexibilities as they are included in the Least Developed Country list of the UN. Four of the exceptions to the TRIPS Agreement and their use in Africa are discussed below. 3.1. Compulsory License As per the main TRIPS Agreement the government of the country where the patent is registered was allowed to authorize the supply of the product only for domestic market without the consent of the patent owner. Amendment to the TRIPS agreement introduced the compulsory license exception, which allows countries to allow production and sale of patented pharmaceutical products to least developed countries, and to countries that requested the application of compulsory license exception, without the patent holder’s consent. Utilization of compulsory license requires proper regulation and planning from governments of bothShow MoreRelatedThe Impact Of Labour Flexibility On The International Management Of Human Resources1741 Words   |  7 PagesResearch critically discuss the implications of labour flexibility on the international management of Human Resources. 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