Excerpts from PhRMA 301 on South African Jan 26 presentation to WHA EB

[James Love <love@cptech.org>]

Contrast the previous message regarding the South African 
comments to the World Health Assembly Executive Board
in January 26, 1999 with the February 26, 1999 PhRMA
301 submission to USTR.  Jamie


Excerpts from

SUBMISSION OF
THE PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA
(PhRMA)

FOR THE
"SPECIAL 301" REPORT ON
INTELLECTUAL PROPERTY BARRIERS

1999

February 16, 1999

http://www.phrma.org/issues/nte/safrica.html

In January 1999, the South African Health Attaché in Geneva delivered a
highly controversial address to the World Health Organization (WHO)
Executive Board following the adoption of the Revised Drug Strategy
Resolution by the Board. The South African delegate, who indicated that
she was speaking on behalf of the Non Aligned Member Countries, made a
number of disturbing comments.

She confirmed that Section 15C would be used to permit parallel
importation of patented pharmaceutical products, as well as to justify
the granting of compulsory licenses - something the Government has
consistently denied for the past 18 months.

She stressed her Government's view that the TRIPS agreement could not be
interpreted to preclude parallel trade in patented pharmaceutical
products, or to rely on a policy of aggressive use of compulsory
licenses to permit third parties to manufacture, distribute or sell the
patented pharmaceutical product.

She stressed that it is the intention of the South African Government
and other Governments in the "Non-Aligned Countries" block to use every
possible means and loophole in TRIPs to escape their obligations to
provide patent protection for pharmaceuticals, which reflects the
Government's position in the South African litigation of refusing to
answer affidavits on the question of whether any form of patent
protection will be considered appropriate for pharmaceuticals; and She
emphasized her Government's "unwavering" commitment against effective
patent protection for pharmaceuticals.


-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org