LEGISLATIVE REFORM PROCESS TO MAXIMISE TRIPS FLEXIBILITIES IN

LEGISLATIVE REFORM PROCESS TO MAXIMISE TRIPS FLEXIBILITIES IN PATENT LEGISLATION TO ENSURE ACCESS TO ESSENTIAL MEDICINES MINISTRY OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS

OUTLINE v. The Reform Process v. What has been done to our IP legislation v. Current National Process on Law Reform

The Legislative Reform Process/ Procedure Ø Position Paper with the gaps and recommendations Ø Memorandum to the Minister for approval Ø Developing a Memorandum of Principles Ø Cabinet Committee on Legislation Ø Discussed in full Cabinet Ø Parliamentary processes. (three readings) § It must be passed by the requisite majority in both houses of Parliament. Ø President assent to the Bill = Law

What has been done to the IP Legislation Ø Currently the focus has been on developing the IP Policy Ø However, nothing much has been done comprehensively in relation to legislative reform. Ø Once the IP Policy is in place, then the Legislative reform processes will follow- on all IP issues.

Current National Processes Ø Alignment of all legislation to the New Constitutions. Ø Minor amendments will be incorporated into the general laws …. Opportunities Ø Take advantage of the process to factor in the recommendations on gaps noted in our laws vs the TRIPS Agreement.

Continued’ Ø CSOs can take this opportunity to present a list of Recommendations to the Ministry for consideration. Ø Ministry will prepare the memorandum of Principles capturing the suggestions/ recommendations by the stakeholders… (process follows)

DANKIE