MINISTRY OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS LEGISLATIVE REFORM PROCESS TO MAXIMISE TRIPS FLEXIBILITIES IN PATENT LEGISLATION TO ENSURE ACCESS TO ESSENTIAL MEDICINES MINISTRY OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS
OUTLINE The Reform Process What has been done to our IP legislation Current National Process on Law Reform
The Legislative Reform Process/ Procedure Position Paper with the gaps and recommendations Memorandum to the Minister for approval Developing a Memorandum of Principles Cabinet Committee on Legislation Discussed in full Cabinet Parliamentary processes.(three readings) It must be passed by the requisite majority in both houses of Parliament. President assent to the Bill = Law
What has been done to the IP Legislation Currently the focus has been on developing the IP Policy However, nothing much has been done comprehensively in relation to legislative reform. Once the IP Policy is in place, then the Legislative reform processes will follow- on all IP issues.
Current National Processes Alignment of all legislation to the New Constitutions. Minor amendments will be incorporated into the general laws ….Opportunities Take advantage of the process to factor in the recommendations on gaps noted in our laws vs the TRIPS Agreement.
Continued’ CSOs can take this opportunity to present a list of Recommendations to the Ministry for consideration. Ministry will prepare the memorandum of Principles capturing the suggestions/ recommendations by the stakeholders… (process follows)
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