Bulletin of the World Health Organization

Compulsory patent licensing and local drug manufacturing capacity in Africa

Olasupo Ayodeji Owoeye

Volume 92, Number 3, March 2014, 214-219

Table 2. Intellectual property laws in select sub-Saharan African countries and the degree of their compliance with the TRIPS Agreementa

Legislation, country Degree of compliance
Patent Act 2003 (Act 657), Ghana17 Gives supremacy to international treaties over domestic laws when there is conflict between them (fully compliant with the TRIPS Agreement)
Industrial Property Act 2001 (section 80), Kenya18 Allows compulsory licences to be granted without meeting the prior negotiation requirement or paying remuneration to the patent holder (inconsistent with TRIPS Agreement Article 31)
Patents and Designs Act 1990 (paragraph 15, schedule 1), Nigeria19 Same as that of the Kenyan legislation
Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property 2009, Rwanda20 Same as that of the Ghanaian legislation
Medicines and Related Substances Amendment Act 2002 (section 15C[a]), South Africa21 Provides that patent rights on a medicine may not extend to any medicine that has been put onto the market by the owner or with the owner’s consent; obviates the need for a compulsory licence in respect of any medicine that has been put on the market anywhere in the world by the owner or with their consent (inconsistent with TRIPS Agreement Articles 28 and 31)

a Agreement on Trade-Related Aspects of Intellectual Property Rights.