The Implications of TRIPS Flexibilities and BITs on International Trade Policy in the East African Community

Abstract

From the Uruguay Rounds in the wake of signing the WTO TRIPS agreement of 1994, international trade has changed trends over the years with emphasis on strict implementation of IPRs by developed nations. The emphasis on implementation was greatly opposed by developing and Least Developed Countries given the low levels of enforcement capacity and industrial development and innovation, which adversely limited their capacity to benefit from the strict compliance. Some of the mechanisms used by developing and least developed countries include, consistently seeking for extension of time, partial resistance through failing to implement the laws and policies already in existence.Within the TRIPS agreement, mechanisms were created to accommodate developing and least developed countries through flexibilities such as extension of time, compulsory licensing among others to enable them to benefit as they work on capacity building and ensuring that mechanisms are in place for strict enforcement of IPRs. Some developed nations also began to sign BITs with individual developing countries where such emphasis is placed on IPR enforcement with TRIPS plus terms to the greater detriment of the LDCs.This paper attempts to, after briefly examining the history of TRIPS and identifying the various flexibilities provided, address implications of the TRIPS flexibilities and BITs and the dynamics it adds to trade policy in the EAC. The paper further delves to examine the various policy and legal framework, which has implications for intellectual property and international trade in the East African region.