ABSTRACT
The proliferation of regional trade agreements has brought about higher standards of intellectual property protection that may have the effect of eroding the flexibilities that currently exist under the WTO framework for intellectual property governance. The chapter highlights the challenges posed by the proliferation of regional trade agreements (RTAs) to access to affordable medicines. It places a spotlight on TRIPS-plus provisions in free trade agreements negotiated by the US with Australia, Morocco, Mexico and Canada. It highlights how TRIPS-plus standards contained in US RTAs may affect access to medicines in Africa and globally. It also highlights how investor-state dispute settlement clauses in trade or investment agreements may whittle down the available flexibilities in the TRIPS Agreement. The chapter provides possible policy options that may be explored by African countries to address these issues.
