Implications of the TRIPs agreement for the protection of the right of access to medicines in Uganda

Publication Type:

Journal Article


Malawi Law Journal (2008)



Uganda is one of the African countries where malaria, HIV / AIDS and tuberculosis are prevalent. Medicines that can effectively treat these diseases exist. However, they are beyond the reach of a majority of Uganda's population. Against this background, this article reflects on the implications of the TRIPS Agreement for protection of the right of access to medicines in Uganda. While recognising that patents can and do adversely affect the right of access by the poor to essential medicines, it argues that Uganda can and should individually and through regional cooperation take advantage of the flexibilities in the TRIPS Agreement to protect the right to health and enhance access by the poor to medicines. It also analyses existing and proposed legislative measures aimed at regulating the pharmaceutical industry and facilitating access to medicines in the country.