Cleary SM; International Conference on AIDS.
Int Conf AIDS. 2002 Jul 7-12; 14: abstract no. ThPeG8400.
University of Cape Town, Cape Town, South Africa
ISSUES: A key issue in accessing affordable antiretrovirals in South Africa is domestic intellectual property rights legislation. This research undertook a thorough investigation of South African patent legislation for pharmaceutical drugs and compared this to the Trade in Intellectual Property Rights (TRIPS) Agreement of the World Trade Organisation. DESCRIPTION: Using a game theoretic framework, this research analyses the South African government's attempt to introduce the Medicines and Related Substances Control Amendment Act of 1997. In its original form, this had the potential to legislate TRIPS-compliant compulsory licensing and parallel importation of medicines. The Office of the United States Trade Representative believed that this legislation contravened TRIPS, and accordingly instituted trade pressure against South Africa. Through the work of activists, this was dropped by mid-1999. On the domestic front, the Pharmaceutical Manufacturers' Association - local umbrella group of multinational pharmaceutical companies - instituted legal action against the South African government. In April 2001, this case was settled out of court, and a new Medicines Act was drafted which has the potential to legislate parallel importation of medicines but not compulsory licensing. LESSONS LEARNED: These proceedings attracted enormous media and activist attention, leading to what has been called a public relations disaster for multinational pharmaceutical companies. In response, there has been a marked reduction in the prices of antiretroviral drugs in South Africa. This case illustrates the value of activism. Civil pressure contributed to decreases in the prices of antiretrovirals even though political will was lacking. RECOMMENDATIONS: Further activism is required if antiretroviral treatment is to be offered to HIV-positive South Africans. In the interests of affordability, the government should be encouraged to take advantage of the flexibility of TRIPS.
Publication Types:
Keywords:
- Commerce
- Government
- Intellectual Property
- International Agencies
- Organizations
- Patents
- Pharmaceutical Preparations
- Research
- South Africa
- United States
Other ID:
UI: 102256955
From Meeting Abstracts