+ Patents

Copyright Amendment Bill 2015

SECTION27’s submission to the Department of Trade and Industry on the Copyright Amendment Bill 2015 SECTION27’s primary interest in intellectual property policy and law reform flows from its understanding of the manner and extent to which patent protection has been…

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 intervenes in Aventis v Cipla on behalf of TAC

4 May 2012 The TAC National Council has resolved to seek admission in a legal dispute between the brand name drug company Aventis Pharma and the generic company Cipla, over a claim of patent infringement in respect of a drug…

TAC and SECTION27 urge Parliament not to ratify WTO decision on Paragraph 6 of the Doha Declaration on TRIPS and Public Health

Cabinet recently resolved to ask Parliament to take the necessary steps to enable South Africa to ratify a decision taken by the World Trade Organization (WTO) on intellectual property and access to medicines. At its meeting held on 16 March 2011, Cabinet decided to request Parliament to –

– ratify the WTO decision on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health; and
– deposit “an instrument of ratification … with the WTO.”

As organisations that are committed to ensuring universal access to essential medicines, as an integral part of the constitutional right to have access to health care services, TAC and SECTION27 call on Parliament not to ratify the decision. In this press statement we explain why we make this call.