A critical analysis of the trade-related aspects of intellectual property rights agreement and has South Africa complied with this agreement with special reference to patented pharmaceuticals

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) ia a multilateral international treaty introduced by the World Trade Organization (WTO) that came into effect on 1 June 1995. At a basic level it attempted to establish minimum standards for the regulation of intellectual property rights within those countries that are members of the WTO and signatories to it. This thesis served a dual purpose. The first leg was to embark on an investigation into TRIPS, criticallt analyzing the provisions of the Agreement. The important aim here was to analyze and discover whether TRIPS is sensitive to weaker countries. The second leg was to probe within the the legislative framework of South Africa and determine whether South Africa as a "developing copuntry", has complied with the demands as expressed by TRIPS. This investigation was done with specific reference to South African patent law.