Patent protection means that an invention cannot be made, used, distributed, imported, or sold by others without the permission of the patent owner. This legal safeguard encourages innovation by giving inventors exclusive rights to benefit from their creations. However, when it comes to medicines and pharmaceuticals, patent laws can sometimes limit access to affordable healthcare, especially in developing countries.

The globalization of patent laws for pharmaceuticals began with the introduction of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). This agreement standardized patent rules across member countries. However, TRIPS also recognizes certain flexibilities that help protect public health.

Countries can exclude specific types of inventions from patenting, such as diagnostic, therapeutic, and surgical methods for humans and animals, as well as discoveries and naturally occurring substances even if these are purified or isolated.

To support developing countries and least developed countries (LDCs), the TRIPS agreement provides transition periods. For example, the Doha Declaration in 2001 clarified that LDCs could delay granting or enforcing patents on pharmaceutical products. According to Paragraph 7 of this declaration, LDCs are exempt from patent obligations until January 1, 2016, giving them more time to develop their health systems and access affordable medicines.

ARIPO Member States that exclude pharmaceutical products from patent protection are:
UGANDA, through its Industrial Property Act of 2013, states that pharmaceutical products are excluded from patent protection until January 1, 2016, or a later date granted by the appropriate WTO body.

RWANDA’s Law No. 31/2009 explicitly excludes pharmaceutical products from patent protection, in accordance with international conventions to which Rwanda is a party.

LIBERIA’s intellectual property law also reflects this approach. Section 13.2(b) states that pharmaceutical products are not eligible for patent protection until January 1, 2016, or until a later extension granted by the WTO for LDCs.

TANZANIA-ZANZIBAR has a similar provision under the Zanzibar Industrial Property Act of 2008, which excludes pharmaceutical products and processes from patent protection until January 1, 2016, or a later period approved by the WTO’s TRIPS Council.

In conclusion, developing countries, including Uganda, Rwanda, Liberia, and Zanzibar, have laws that temporarily exclude pharmaceutical products from patent protection. These measures are designed to improve access to essential medicines and promote public health. By understanding these flexibilities within international patent rules, countries can strike a balance between encouraging innovation and ensuring affordable healthcare for all.

Contact Us