ARTICLE · 18 NOVEMBER 2011

The Great Pharmaceutical Patent Debate

Spoor & Fisher

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In recent news, the TAC (Treatment Action Campaign) has called on government to revise the Patents Act to reduce the patent protection available to pharmaceutical inventions, which the organisation believes is responsible for the high cost of medicines and a delay in the availability of generic medicines.

South AfricaIntellectual Property

Joanne Harmelen

In recent news, the TAC (Treatment Action Campaign) has called on government to revise the Patents Act to reduce the patent protection available to pharmaceutical inventions, which the organisation believes is responsible for the high cost of medicines and a delay in the availability of generic medicines.

The organisation refers to the Doha Declaration, which has been signed by South Africa as a member of the World Trade Organisation, to support its call.

There is no denying that the impact of diseases such as HIV/AIDS, tuberculosis and malaria on developing countries, including South Africa has been devastating. However, amendment of the Patents Act is not necessarily the best or more efficient way forward to deal with this health crisis. In fact, there are already mechanisms in place in both the Patents Act and the Medicines and Related Substances Control Act which address the very concerns raised in the Doha Declaration and provide mechanisms for government

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