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26 September 2013Big Pharma

South Africa could overhaul patent policy

The government in South Africa is considering changing its national policy on IP, a move that could have far reaching effects for its patents system.

The proposals recommend a tiered patent system which could re-introduce pre-grant opposition procedures, most notably for pharmaceutical patents.

It adds that government databases such as the Medicines Control Council should be integrated to prevent companies from holding onto patents by making small changes, known as ‘evergreening.’

Critics of the current policies say it is too easy for companies to win patents on drugs and that pharmaceutical companies can ‘evergreen’ their patents for too long, keeping competitors at bay and prices high.

If accepted, the reforms could lead to the production of cheaper, generic medicines, according to health activists Doctors Without Borders and local AIDS-activist group Treatment Action Campaign.

“While the policy consultation is only the start of the legislative process, the principles outlined in the document set the stage for changes that promise to increase competition in the pharmaceutical sector and lower the price of medicines in South Africa,” they said in a statement.

Rowan Forster, director in the IP department at law firm Edward Nathan Sonnenbergs in Durban, said he agreed that larger companies had the “upper hand” in the current system.

“There are many patents on the register that are overly broad or invalid, at least in their current form,” Forster said.

“Although procedures do exist post-grant, for remedying this, it requires a substantial investment to do so and typically the big pharmaceutical companies who are the patent holders, have the upper hand from a resource pint of view.”

While admitting it would depend on the finalised proposals, Forster said it certainly had the potential to result in an increase in cheaper medicines.

“It [the change in policy] would certainly be welcomed by those seeking to ensure better access to medicines for those that cannot afford it.

“Pharmaceutical companies may prefer to negotiate with government or activist organisations – in so doing reducing their profit margins and giving benefit to those needing cheaper treatments.”

Public comments will be accepted on the draft policy until October 4 after which it will be discussed by the government.


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17 January 2014   South African drug companies have been accused by advocacy organisations of planning a "deceptive" campaign to delay new laws which could see the introduction of more generic medicines.

More on this story

Big Pharma
17 January 2014   South African drug companies have been accused by advocacy organisations of planning a "deceptive" campaign to delay new laws which could see the introduction of more generic medicines.