Alternate Dispute Resolution

Regulatory Diversity as Key to the "Myth" of Drug Patenting in sub Saharan Africa

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This article critiques the subject of patent protection of drugs in the tight of the
threat posed by HIV IAIDS in sub·Saharan Africa. It contends that the basis for sustaining the prevailing international patent system in developing countries is a
"myth": one of deception. This "myth" is validated by highlighting the dysfunctions
associated with the prevailing international patent system. The article proposes the
adoption of diverse patent systems that would suit the cultural and human development
needs of countries in sub-Saharan Africa. Such diversity implies a drug patent
model that meets human needs and shows respect for communal interests, a model
that permits differences and is amenable to change in the light of socio-economic
needs, a model that confronts "unfreedoms" which constrain human development,
and a model that ensures respect and protection for the fundamental right to health
care.

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English

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