Description:
This study analyzes the implications of patents Law on accessibility of medicines for HIV/AIDS
patients in Nyamagana District Mwanza City. The study reviews the existing patent law in light
of accessibility to medicine. It also analyzes issues such as the nexus between the concept of
patent as a component of intellectual property rights and that of human rights. The study also
examines the effects of Patent monopoly on the availability of necessary drugs required by
HIV/AIDS patients.
The study adopted a case study design with the population consisting of selected HIVAIDS
patients who were grouped according to age and gender after visiting hospitals and health centres
in Nyamagana District. The study employed stratified sampling with HIV/AIDS patients at each
centre treated as one stratum where random selection was done to get the sample size. The data
was collected through semi-structured interviews and questionnaire.
The study found that protection of strong intellectual property rights has led to the increase in the
prices of different medicines consequently; many of the low income patients cannot afford such
prices. Patent law in most cases contravenes fundamental human rights by causing death to
patients who cannot afford drug prices. Though patient law enhances research and development
it should not take precedence over the right of access to medicine and the right to life.
The study concluded that patent law must be reviewed to avoid high pricing, to encourage
competition rather than monopoly in the market and it should strongly support collective human
rights and not individual right.