Parallel importation and compulsory licensing in Kenya and South Africa as measures to access HIV/AIDS medicine

Abstract

This article briefly examines the legal framework and the use of parallel importation and compulsory licensing in South Africa and Kenya, and the extent to which the two countries utilise these measures to enhance access to HIV/AIDS medicine. The study reveals that both countries have adopted appropriate TRIPs-compliant parallel importation and compulsory licensing legislation. However, this legislation is yet to be used significantly to address the HIV/AIDS pandemic. Some of the perceived restrictions and complexities of the conditionalities of TRIPs flexibilities are
notable disincentives. Although South Africa and Kenya have some pharmaceutical manufacturing capacity, this is found to have some critical limitations.