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SA Parallel Import Bill Passes
Subject: E-DRUG: South African Medicines Bill is passed
Date: Wed, 22 Oct 1997 08:54:28 -0400 (EDT)
From: "Candy Day" <candy@healthlink.org.za>
To: e-drug@usa.healthnet.org
E-drug:South African Medicines Bill is passed
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[Source: Electronic Mail & Guardian, Oct 22 1997
http://www.mg.co.za/mg/ ]
Drugs bill passes
THE controversial bill allowing the government to override
pharmaceutical companies' patent rights and import cheaper drugs, was
passed yesterday. Trade and Industry Minister Alex Erwin intervened in
the debate to accuse the drug companies of bluster, and said the issue
was about the protection of detrimental pricing policies. The row has
probably only just started -- the drug companies are saying they will
take their patent rights to the Constitutional Court.
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Drugs bill goes through
WEDNESDAY, 8.30AM: DESPITE intense lobbying by international drug
companies threatening to withdraw from SA, a controversial health bill
that allows the government to "parallel" import cheaper drugs from
abroad was passed yesterday. Health committee chairman Dr Abe Nkomo
said a number of European countries allow parallel
importing, but "it is only our minister of health who is lambasted by
the giant pharmaceutical companies. If she was wrong, why are they
silent on the other countries?" Trade and Industries Minister Alex
Erwin stepped into the debate by revealing that he had held
discussions with his US counterparts to resolve the issue. He said
there was a difference in interpretation of a World Trade Organisation
agreement on intellectual property, and while SA was attempting to
introduce affordable health care, the US sought to protect its
pharmaceuticals industry. Erwin said the Bill did not infringe patent
rights, since it simply allowed for the cheaper imports of the same
drug, from the same company, available more cheaply elsewhere. He
accepted that the policy could be discriminatory, but "the excessive
pricing of patented medicines is a primary concern." The ANC used its
majority to pass the bill by 201 votes to 71, despite the opposition
of all other parties. * Also passed yesterday was the equally
controversial Medical, Dental and Supplementary Health Service
Professions Amendment Bill, which provides for medical interns to
serve one year of compulsory community service before they can become
registered practitioners.
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Note from HealthLink
You can download the bill, and view other commentary documents from
the HealthLink page on Health Legislation and Policy at:
http://www.healthlink.org.za/hlink/info/law.htm
OR http://www.healthlink.org.za/
"Info Resources"
"Health Legislation and Policy"
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Candy Day
Information Manager (HealthLink, Health Systems Trust)
Tel: +27 31 3072954 http://www.healthlink.org.za
Fax: +27 31 3040775 candy@healthlink.org.za
PO Box 808, Durban, 4000
Wilbert Bannenberg, SADAP Coordinator
Hallmark 938, P/Bag X 828, Pretoria 0001, South Africa
Tel work +27-12-3120374/5 Fax +27-12-3244525 Cellphone +27-82-5756249
Email 73377.3055@compuserve.com or bannew@hltrsa.pwv.gov.za
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