India’s Department of Industrial Policy and Promotion (DIPP) recently published a discussion paper on compulsory licensing and made a call for interested parties to make submissions. On 7 October 2010, SECTION27 made a submission, the purpose of which is threefold:
- first, to draw the attention of the DIPP to the South African experience in using competition law to ensure the market entry of generic competition in the pharmaceutical sector;
- second, to draw to the DIPP’s attention other examples of how competition law has been used in South Africa to increase access to medicines;
- and third, to share lessons learnt in South Africa regarding the appropriate role of competition law in the field of pharmaceutical patents and drug access.