Three Decades of the TRIPS Agreement: Challenges in Patent Policies and Regulations Across Selected Sub-Saharan African Countries

Ndubuisi A Nwafor & Zainab Bakari
Vol. 32
January 2026
Page 99

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), overseen by the World Trade Organisation (WTO), significantly influences global patent law. It requires each member country to adhere to fundamental standards for protecting intellectual property rights, including patents. This article examines the impact of the TRIPS Agreement in selected Sub-Saharan African nations, thirty years after its inception. It assesses the regulatory and institutional frameworks managing patent applications in SSA, with particular focus on regional organisations such as the Organisation Africaine de la Propriété Intellectuelle (OAPI), the African Regional Intellectual Property Organisation (ARIPO), the Southern African Development Community (SADC), and the East African Community (EAC). The development of a Pan-African Intellectual Property Organisation (PAIPO) is discussed as a positive step towards a unified approach to intellectual property management across Africa. The review of the TRIPS Agreement’s provisions related to patents covers key areas such as patentable subject matter, non-discrimination, disclosure requirements, protection periods, exceptions, and limitations. The analysis also considers the challenges TRIPS presents within the African context, especially in certain sub-Saharan countries, raising issues like biopiracy, farmers' rights, access to essential medicines, technology transfer, and enforcement difficulties. The findings emphasise the importance of adopting a balanced approach that addresses African concerns about intellectual property rights alongside the requirements of the TRIPS Agreement.

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