TRIPS Compliance and Biotechnology Patenting in Africa: Lessons from India

Abstract

This paper considers India’s obligation under the TRIPS Agreement 1994 (as amended) in relation to
biotechnology patents. Specifically, it examined how India has incorporated the TRIPS provisions into its
patent law to provide insights for African countries on meeting their international obligations while
considering their national interests in biotechnology research and innovation to address pertinent issues
such as nutrition, food security and public healthcare. As in the past two decades, African countries have
been amending their patent laws to bring them in conformity with the TRIPS Agreement 1994 (as amended),
it is strongly recommended that they leverage the policy space under the TRIPS Agreement 1994 (as
amended) like India to ensure nutrition, food security and public healthcare in the continent.