This book critically investigates the patent protection of medication 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 ¿Africä). The book outlines the systemic problems
associated with the prevailing globalized patent regime and the regime¿s inability to promote
access to life-saving medication at affordable prices in SSA. It argues 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 implies
developing additional public health and human development exceptions limitations to the
exercise of patent rights with the goal of scaling up access to medication that can treat
epidemics in SSA. By drawing on multiple perspectives of laws institutions practices and
politics the book suggests that SSA countries adopt an evidence-based approach to implementing
global patent standards in domestic jurisdictions. This evidence-based approach would include
mechanisms like local need 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 medication 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 in this book is sensitive to the public health needs of the citizens affected by
epidemics and to the imperative of building local manufacturing facilities for pharmaceutical
research and development in SSA.
