Access to Essential Medicines and TRIPS Flexibilities

An analysis of the state of access to essential medicines in Kenya within the WTO TRIPS Framework. The study focuses on Kenya as a case study and examines Kenya’s utilization of three TRIPS flexibilities namely: a) compulsory licensing for domestic use b) importation under compulsory licensing (Paragraph 6 waiver- Decision of 30th August 2003) and c) parallel importation/grey imports. Within this context this paper will also examine whether there is tension between the right to access essential medicines by patients on one hand and the rights of patent holders of pharmaceutical products on the other hand and how the WTO has tried to strike a balance between these (competing) interests.