ABSTRACT
This chapter presents a critique of the efficiency of the compulsory licensing regime in the international patent system and its significance to the access to medicines debate. It argues that compulsory licensing remains one of the most powerful measures for protecting public interest in the patent system and its use should not be unduly stifled. The chapter goes further to examine the legal framework for compulsory licensing in selected African countries and the challenges African countries might encounter in the utilisation of compulsory licensing for pharmaceutical patents. The extent to which non-voluntary licences of this nature can facilitate access to medicines in the African continent is also considered.
The chapter highlights the challenges responsible for the underutilisation of compulsory licensing in Africa and the measures that may be adopted to make it practicable for Africa to use the system should the need arise. It is argued that African countries should harness resources through the African Union to boost local pharmaceutical manufacturing capacity to be able to make maximum use of the compulsory licensing regime.
