infoJustice

The Ugandan Center for Health Human Rights and Development has published a set of Model Provisions to Promote Access to Affordable Medicines  in the country’s IP legislation that has been under debate for three years.  The project was done with support from UNDP Uganda.

The booklet warns that the Industrial Property Bill 2009 “unnecessarily goes over and above the minimum required standards in protection inventions, trademarks, industrial designs and other forms of industrial property,” which will impact Ugandans’ access to medicines. It contains clause by clause “some of the adjustments that are needed in the bill in line with recommendations made by stakeholders at a consultative meeting held in March 2012. These recommendations were: TRIPS flexibilities for LDCs should be included; Provisions for criminal sanctions for IPR infringement should be deleted; Border measures relating to patents should be removed; Competent authorities should be put in charge of the Bill/Act; Adequate relief and remedies be provided for in place of criminal sanctions.”

A blog post on Afro-IP by Aurelia J. Schultz notes that the guidlines contain measures for compuslory licenses, a hightened novelty standard, and post-grant patent oppositions.