Magister Pharmaceuticae - MPharm / Background: In South Africa many patented medicines are either unavailable or carry prices that most patients cannot afford. The effects of the patents systems on patient access could greatly depending on how the burden of a disease is distributed across least-developed, developing and developed countries. Method: The study based on a qualitative research method. The sample was based on a non-probability approach. The study used both primary and secondary data collection. The secondary data was critically evaluated and collected from scientific articles, company reports and internet sources, in order to obtain some better insight into the patent situation of pharmaceuticals. Interviews were conducted and analysed by selective ad open coding. Results: The South African patent system needs an examination process to evaluate patent applications. The Patent Act of 1978 meets the minimum TRIPS requirements. The South African market is unique and a small market for innovator companies therefore does not influence innovation by these companies. Conclusion: The study concluded that the key sections of the Patent Act that need further evaluation and aligning more with TRIPS flexibilities are: Compulsory License, “Evergreening”. Data Protection and Establishing an examination system. The study also concluded that the current South African Patent Act sufficiently promotes innovation within the pharmaceutical industry.

Este trabalho teve o objetivo de analisar retrospectivamente o significado da interseção de dois fenômenos sociomodernos. Em primeiro lugar, a epidemia de HIV/AIDS (Vírus da Imunodeficiência Humana/Síndrome de Imunodeficiência Adquirida), com suas características históricas pouco usuais e alta letalidade; e, por outro lado, a intrusão de leis de propriedade intelectual na sociedade, como o Acordo TRIPS (Trade Related Intellectual Property Subjects), com amplas repercussões sobre a saúde pública assim como sobre o desenvolvimento econômico e tecnológico dos países, sendo aqui tratados especificamente os casos de Brasil e México. Ambos os países modificaram suas leis de propiedade intelectual (LPI) para implementar o Acordo TRIPS (e, no caso do México, também o NAFTA) nas últimas duas décadas, levando a patamares mais elevados de proteção de propriedade intelectual no México, quando comparado ao Brasil. Estas mudanças, porém, podem ter contribuído, no caso do México, para um menor rendimento e eficácia do seu programa de combate à epidemia de AIDS/HIV já que, para dar uma cobertura mais adequada de tratamento com medicamentos antirretrovirais (ARVs) para sua população, teve que enfrentar maiores dificuldades para sua aquisição. / This work analyzed retrospectively the meaning of the intersection of two modern social phenomena. Firstly, the epidemic of HIV/AIDS (Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome), with its unusual historical characteristics and high lethality; and , on the other hand, the intrusion of intellectual property laws in society as the TRIPS (Trade Related Intellectual Property Subjects) Agreement, that has far-reaching consequences on public health as well as on the economic and technological development of countries, and here we treated specifically the cases of Brazil and Mexico. Both countries changed their intellectual property laws to implement the TRIPS Agreement (and in the case of Mexico also NAFTA) during the last two decades, leading to higher levels of intellectual property protection in Mexico compared to Brazil. However these changes may have contributed in the case of Mexico to a lower performance and effectiveness of its programme to combat the epidemic of HIV/AIDS, since to give a more adequate coverage of treatment with antiretroviral drugs (ARVs) for its population, had to face major difficulties for the purchase of these medicines.

Este trabalho teve o objetivo de analisar retrospectivamente o significado da interseção de dois fenômenos sociomodernos. Em primeiro lugar, a epidemia de HIV/AIDS (Vírus da Imunodeficiência Humana/Síndrome de Imunodeficiência Adquirida), com suas características históricas pouco usuais e alta letalidade; e, por outro lado, a intrusão de leis de propriedade intelectual na sociedade, como o Acordo TRIPS (Trade Related Intellectual Property Subjects), com amplas repercussões sobre a saúde pública assim como sobre o desenvolvimento econômico e tecnológico dos países, sendo aqui tratados especificamente os casos de Brasil e México. Ambos os países modificaram suas leis de propiedade intelectual (LPI) para implementar o Acordo TRIPS (e, no caso do México, também o NAFTA) nas últimas duas décadas, levando a patamares mais elevados de proteção de propriedade intelectual no México, quando comparado ao Brasil. Estas mudanças, porém, podem ter contribuído, no caso do México, para um menor rendimento e eficácia do seu programa de combate à epidemia de AIDS/HIV já que, para dar uma cobertura mais adequada de tratamento com medicamentos antirretrovirais (ARVs) para sua população, teve que enfrentar maiores dificuldades para sua aquisição. / This work analyzed retrospectively the meaning of the intersection of two modern social phenomena. Firstly, the epidemic of HIV/AIDS (Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome), with its unusual historical characteristics and high lethality; and , on the other hand, the intrusion of intellectual property laws in society as the TRIPS (Trade Related Intellectual Property Subjects) Agreement, that has far-reaching consequences on public health as well as on the economic and technological development of countries, and here we treated specifically the cases of Brazil and Mexico. Both countries changed their intellectual property laws to implement the TRIPS Agreement (and in the case of Mexico also NAFTA) during the last two decades, leading to higher levels of intellectual property protection in Mexico compared to Brazil. However these changes may have contributed in the case of Mexico to a lower performance and effectiveness of its programme to combat the epidemic of HIV/AIDS, since to give a more adequate coverage of treatment with antiretroviral drugs (ARVs) for its population, had to face major difficulties for the purchase of these medicines.

Thesis (LLD)--Stellenbosch University, 2013. / The general public should have wide access to copyrighted materials for education and research. However, since the current copyright law system subtly favors copyright holders, it is time to re-evaluate copyright law to ensure it meets its original purpose of promoting the learning of the society. The research primarily focuses on how to broaden copyright limitations and exceptions for the public to access and use learning materials. Within the framework of the copyright law system, other mechanisms that allow users to access copyrighted materials at a reasonable price also are considered. Such mechanisms include an efficient collective copyright management system and various licensing schemes. In an information network environment, it is time for developing countries to reform copyright law in order to promote education and research. It is hoped the findings of this study not only benefit South Africa and People's Republic of China, but also provide insights and guidelines to other developing countries with similar conditions.

The objectives of this study were to establish various practices of indigenous knowledge (IK) commonly used in the Dlangubo village, and methods and tools used in managing IK; to determine ownership protocols and what they know about the South African (SA) intellectual property (IP) laws; to explore the role of libraries and information and communication technologies (ICTs) in managing IK and, lastly, what model can be developed for the management of IK in the Dlangubo village, in KwaZulu-Natal province in South Africa. In order to gain more insight about the problem studied, the socialisation, externalisation, combination and internalisation (SECI) model of knowledge management and the diffusion of innovation (DoI) model were adopted. The SECI model helped in understanding the modes of knowledge creation and transfer that were used in managing IK in the area of study. The DoI model was important in understanding the perceptions of the community about the South African intellectual property (IP) laws, the libraries and the ICTs in managing IK. This study used the constructivist theoretical underpinning and adopted the qualitative approach in order to inquire in depth and explore the studied phenomenon in the natural setting of the Dlangubo village. This approach allowed the researcher to engage in an in-depth interviewing process with the participants in order to explore IK management challenges and then get empirical evidence about the area studied. Flowing from the qualitative approach, the grounded theory (GT) was adopted because it uses the systematic inductive approach to inquiry followed by a constant comparison of categories in order to generate theory, which is grounded in data of the sampled participants of the Dlangubo village The findings of the study indicated that the practices that were predominantly used in the area of study included agricultural crop farming and livestock keeping, the initiation of girls into adulthood and beadwork. The in-situ preservation strategies were more common than the ex-situ preservation strategies. Most of the respondents indicated that they acquired IK through apprenticeship of family line. The majority did not have knowledge or had insufficient knowledge about the South African IP laws. In addition, they were not using the libraries and the ICTs in managing their IK. The model that was recommended was to have the cultural information centre where they can sit together and share their IK and skills, and market their finished products. / Information Science / D. Litt. et Phil. (Information Science)