INTRODUCTION:
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was adopted with the objective of promoting innovation and facilitating technology transfer between developed countries and lower- and middle-income countries. Despite these aims, persistent inequities in access to medicines have raised concerns regarding the effectiveness of the international intellectual property regime in advancing public health. These shortcomings were starkly exposed during the Covid-19 pandemic, which was characterised by profound disparities in vaccine access and limited technology transfer to LMICs. In response, the World Health Organization established the mRNA vaccine technology transfer hub in South Africa to strengthen local manufacturing capacity and reduce dependency on high-income countries. Notwithstanding its promise, the hub faces significant intellectual property, legislative, and regulatory barriers.

METHODS:
This dissertation employs a doctrinal, desk-based legal research methodology, drawing on international treaties, South African legislation, policy instruments, and academic literature to examine whether TRIPS flexibilities can be utilised to overcome the challenges confronting the mRNA hub. The study analyses the failure of the TRIPS framework to guarantee effective technology transfer, the structural and legal obstacles facing the hub, and the impact of TRIPS-Plus provisions on the practical use of flexibilities. It further evaluates mechanisms such as compulsory licensing, government use, voluntary licensing, least-developed country transition provisions, and intellectual property pools as potential tools to advance access to medicines. Results and Conclusion The findings demonstrate that while TRIPS flexibilities provide viable legal mechanisms to address intellectual property barriers, their effectiveness is constrained by underutilisation, restrictive domestic patent regimes, and global power asymmetries within international intellectual property governance. The dissertation concludes that targeted reform of South Africa’s patent framework, combined with a strategic and proactive application of TRIPS flexibilities, is essential to support the objectives of the mRNA hub, enhance technology transfer, and promote access to affordable medicines in South Africa.