+ Medicines

TAC intervention leads to important legal advance: public interest concerns are relevant in determining interim interdict in patent cases

On 26 July 2012, the Supreme Court of Appeal handed down its judgment in the matter between the Aventis group of pharmaceutical companies and Cipla’s group of generic pharmaceutical companies.

This is the first judgment to decisively say that public interest considerations must be taken into account when balancing the interests of the patentee and the infringer in determining whether or not to grant an interim interdict. The judgment is an important advance in the law that is in line with the values of the Constitution.

SECTION27 and TAC welcome Green Paper on National Health Insurance

SECTION27 and the Treatment Action Campaign (TAC) welcome the release of the Green Paper on National Health Insurance (NHI) for public comment. As organisations committed to the realisation of the right of everyone to have access to health care services, as guaranteed in section 27 of the Constitution, we value the opportunity to participate in what appears to be a clearly defined and well-considered policy development and implementation process that is to be accompanied and underpinned by legislative reform.

Draft IPRs from Publicly Financed Research Bill, 2007

In our submission to the Department of Science and Technology (DST) on the draft Intellectual Property Rights from Publicly Financed Research Framework, we noted that “[w]hile we continue to advocate for the development of an intellectual property framework in South Africa that generally facilitates access to essential products, our primary concern is that the legislation and regulations . . . that will result from this process make particular provision for ensuring access to the products of research that were developed using public resources.”