Implementation of TRIPS Flexibilities In National IP Legislation For Strengthening Access To Medicines In Swaziland Workshop with MOH and stakeholders,

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Presentation transcript:

Implementation of TRIPS Flexibilities In National IP Legislation For Strengthening Access To Medicines In Swaziland Workshop with MOH and stakeholders, Royal Villas, 13 October 2014

Analysis of Swaziland Patent legislation

Swaziland Patent Acts Patents Act 1936 Patents, utility models and industrial design Act 1997 Did not include all TRIPS flexibilities New process for a Patent Bill 2012 UNDP assisted with Prof Yousuf Vawda, Univ. KZN

2012 comments Patentability requirements. Grounds for compulsory licences. Parallel importation. Post-grant opposition to patent applications. Use of compulsory licences on public health grounds. Examination & scrutiny of patent applications.

2012-2014 Comments of Prof Vawda incorporated MOH also provided comments Patents Bill has been further refined Current version in Cabinet

Current Patent Bill TRIPS compatible Contains all flexibilities A few issues left Expected for approval in Parliament 2015 Is MOH ready for using the flexibilities to get more affordable generics?

Questions, answers and discussion Workshop with MOH and stakeholders, Royal Villas, 13 October 2014