Author: Professor Adebambo Anthony Adewopo
Excerpt: The question of access to medicines is a topical part of the global health discourse that seeks to address human condition in its quest for a better life and livelihood. The primary focus of this paper is to examine the dynamics of access to medicines within the narrow prism of patent law,particularly government’s ‘official’ use of patent provided in the Nigerian Patent Act as an effective mechanism for achieving the cardinal goal of public health care in Nigeria. It highlights the development of patent system collateral with the pharmaceutical industry in Nigeria. The paper establishes through available studies and statistical data that patent law, though a factor in the dynamics of promoting public health is neither a determinant for nor a barrier to access. Rather patent law offers a usefulmechanism within it to facilitate the much needed access. The paper seeks to create the awareness that governmentuse of patent is beneficial to addressing critical Nigerianpublic health situations. It suggests the focusing of attention on the real barriers which are the lack of funds, insufficient infrastructure and social factors, all of which combine to limit access to drugs in many developing countries experiencing serious health crises.
Publication: Nigerian Institute of Advanced Legal Studies (NIALs) Journal of Intellectual Property Maiden Edition, 2011
Related Regions and Countries: Nigeria
Number of Pages: 27
Keywords: Public Health, Patents, Intellectual Property, Law, Access to Medicines