South Africa Embraces Compulsory Licensing Over AIDS Crisis

Two months after releasing a draft policy for governing intellectual property, South Africa has decided to amend its patent legislation so the government can use parallel importing and compulsory licensing that is allowed under international agreements, according to a statement by Rob Davies, who is National Policy on Intellectual Property, Trade and Industry Minister (here is the draft policy and here is the statement). The move comes after patient advocacy groups complained that South Africa has not amended its patent laws to incorporate or implement the 2001 WTO agreement on Trade Related Aspects of Intellectual Property Rights, or TRIPS, which offers compulsory licensing as an option to countries to make patented drugs more affordable for citizens. The issue was raised in order to make it possible for other companies to sell lower-cost HIV and AIDS medications, since the country has one of the highest infection rates in the world. Patient advocacy groups such as Doctors Without Borders and Treatment Action Campaign have waged an aggressive campaign to convince the South African government to take such steps. “We are the world capital of HIV/AIDS, we have a serious burden of TB linked to that… and we have to have the freedom and ability to use the policy space that’s been made available to us under TRIPS and public health for us to take that option,” Davies told a media briefing, according to Business Day. “Although we’ve been a major champion of all these proc...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs