CM Banda

Wolfson College

Patents and Promotion of Biomedical Research into Diseases Prevalent in Developing Countries

This study considers the role of intellectual property rights (IPRs) in the promotion of biomedical research for the prevention and treatment of diseases that disproportionately affect impoverished countries using as a case study. I intend to examine global and domestic factors that contribute to the inequitable distribution of research resources/benefits between the developed world and poor countries. I will employ legal and other theories to explain the failure of current regulatory mechanisms to stimulate biomedical research catering for health needs unique to the poor. I will also review literature and conduct field research to assess the validity of the assumption that stronger intellectual property rights stimulate research that is of universal benefit. Specifically, I will focus on how patents fail to stimulate research for the poor because of lack of viable markets. I will further explore how IP law can be used as a regulatory tool for promoting biomedical research benefiting the poor by means of public policy incentives aimed at addressing market failure. Recent proposals requiring fuller analysis include transferable intellectual property rights and advance purchase commitments under global trust funds. Finally, I intend to propose reforms to the IPR legal framework in order to stimulate ethical biomedical research into neglected diseases and to make products of biomedical research more accessible to the poor.

Start Date: 2005/10.

End Date: 2009/10.

Education

Master of Laws in International Human Rights Law (1999)- University of Essex.

Bachelor of Laws (Honours) (1995)- University of Malawi: Chancellor College.

Work Experience

March 1999 to date: Lecturer in Law in the University of Malawi: Chancellor College.

March 1997 to September 1997:Legal Practitioner with Messrs Wilson and Morgan.

July 1996 -March 1997:Assistant Lecturer in Law in the University of Malawi: Chancellor College.

August 1995 to July 1996: Worked as a Legal Assistant for Messrs Nyirenda and Msisha.

Academic Scholarships and Fellowships

2005-2008: Wellcome Trust Studentship (Ethics of Biomedical Research in Developing Countries).

2001 : IUCN Networking and Capacity Building Fellowship --(University of Cape Town).

1997-1998: British Chevening Scholarship.

Human rights law, globalisation and social justice, human rights aspects of intellectual property rights, judicial review and democratic accountability,  human rights dimensions of environmental management.

Robert Lewis-Lettington and Chikosa Banda,(2004),"A Survey of Policy and Practice on the Use of Access to Medicines- Related TRIPS Flexibilities in Malawi."; (The United Kingdom Department for International Development (DFID): DFID Health and Health Systems Resource Centre).

Professor L. Bently Dr K. Liddell

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