Occasional Paper No. 04 of 2002 on Post-Doha African Challenges in the Sanitary and Phytosanitary and Trade Related Intellectual Property Rights Agreement

Abstract

The World Trade Organization agreements on sanitary and phytosanitary (SPS) and Trade Related Intellectual Property Rights (TRIPS) present various challenges and opportunities for sub-Saharan African countries to expand international trade in their products. The main challenges for the SPS Agreement include capacity for participation in standards setting and implementation, protectionist use of the Agreement by developed countries, and high compliance costs for developing countries. The challenges arising from the TRIPS Agreement include counteracting the side effects arising from compulsory licenses and patent rights, use of geographical indications, and developing measures to cover traditional knowledge. Opportunities arising from SPS Agreement include investments in infrastructure and technical skills to improve competitiveness in trade of products from sub-Saharan Africa, while opportunities for the TRIPS Agreement include the need for impact assessment of the effects of TRIPS on industries as well as clarification of patenting needs for the region. These challenges need to be taken into account and opportunities exploited if sub- Saharan Africa countries are to benefit from trade liberalization and post-Doha negotiations.