Full names and

Phumzile Mogoba
surname:
Student number: 2019681671 Module code: LIAS4811

Supervisor: DR ST Mota Makore

1
 1. Research title

Examining the implications of patent laws access on healthcare services

2. Research problem

The Constitution of the Republic of South Africa recognizes the right to health care. 1
It guarantees everyone the right to health care services and places a positive
obligation on the state to ensure that it takes legislative and other measures to
achieve the realization of this right. It is a socio-economic right that essentially
obliges the state to do more to secure the right for everyone depending on the
available resources.2 Despite the constitutional guarantee of the right to healthcare,
patent laws provide major challenges to healthcare services in terms of access to
essential medicines. These laws create monopolies for pharmaceutical companies
which leads to expensive prices of patented drugs and limited availability of
affordable medicines.3 The complexity and length of patent processes delay the
introduction of generic drugs in the market which further worsens the affordability
and accessibility of healthcare services.4 As a result, many patients from
marginalized communities have difficulties in obtaining life-saving treatment for
conditions such as cancer, TB, and HIV/AIDS due to the patent laws. The lack of
access to essential medicine can lead to premature deaths and violation of the right
to healthcare.

The research objectives:

1. To analyze the impact of patent laws on access to essential medicine.

2. To examine the barriers posed by patent laws that limit access to essential
medicines.
3. To examine how patent laws contribute to socio-economic disparities in
healthcare access.
4. To explore potential policy interventions and reforms aimed at addressing the
challenges posed by patent laws and promoting equitable access to
healthcare services.

1
Constitution of the Republic of South Africa, 1996:sec.27.
2
Soobramoney v Minister of Health, KwaZulu-Natal 1998(1) SA 765 (CC):par. 22.
3
Oke 2022:9-10.
4
Chapwanya 2020:2-3.

2
SOURCES IN JJS SUMMARY RELEVANCE
STYLE
CHAPWANYA R The dissertation examines whether Chapwanya R.'s
2020. The the current patent laws of South dissertation delves
inaccessibilit Africa hinder or promote access to into the complex
y of essential medicine. The author interplay between
healthcare: contends that patent rights hinder healthcare
Are South access to essential medicine and accessibility, patent
Africa’s illustrates the South African context laws, and
patent aiding concerning essential drugs and pharmaceutical
and abetting medicines availability and practices within the
pharmaceuti accessibility. It further indicates that context of South
cal to better serve the South African Africa.
companies?. health care system, the purchase
Unpublished of essential medicines should be
paper. strengthened through government
Johannesbur commitment and amendment of the
g: University current patent laws.
of
Johannesbur
g.
Fix the patent The research report urges The online source
organization immediate amendments to South discusses how patent
2015. Why Africa Patent laws to guarantee barriers hinder access
we need to affordable medicine in accordance to affordable
fix patent with the constitutional right to medicines for various
laws in South healthcare provided in section 27. critical conditions
Africa. It points out how patent barriers directly impacting the
https://www.c hinder the accessibility of life- realisation of the
ansa.org.za/f saving medication for conditions constitutional right to
iles/2015/06/ like HIV, cancer, and tuberculosis. healthcare services.
Fix-Patent- It further states that South Africa
Laws-Briefer- delays in implementing pro-public
pdf health patent laws reform with the
(accessed on Department of Trade and Industry
31 March taking years to develop a
2024). comprehensive national policy
despite the legal flexibilities
3
permitted by the TRIPS Agreement
MAKORE STM, The article examines the necessity The article highlights
OSODE PC & for reconfiguring South African the challenges created