South Africa press statement

[James Love <love@cptech.org>]

The government of South Africa says the PMA/PhRMA press release was
wrong.  Jamie


                     MEDIA RELEASE
                  Department of Health
    Private Bag X 828 · PRETORIA · SOUTH AFRICA
               312 0560 · Fax: 325 7813/4

For Immediate Release

Date: 10 September 1999

Contact: Mini Vusani

Phone: 012 312 0853/4 

Fax: 012 328 7813/4

                   

  LITIGATION BETWEEN THE PHARMACEUTICAL MANUFACTURES ASSOCIATION OF SA
AND THE GOVERNMENT OF SOUTH AFRICA REGARDING ACT 90 OF 1997.

Pretoria- The Ministry wishes to put on record the following: The
decision to review the South African Medicines and Medical Devices
Regulatory Authority Act of 1998 was attributable to internal
discussions with in the Department of Health and was not due to any
existing litigation against the Government of South Africa.

The only Act that was discussed with Parliamentary Portfolio Committee
for review was the South African Medicines and Medical Devices
Regulatory Authority Act 1998.

There are currently no negotiations with the Pharmaceutical
Manufacturers Association with respect to any litigation that the
Pharmaceutical Manufacturers Association has brought against the
Government of South Africa.

With respect to the litigation the only acceptable position to the
Government of South Africa would be the total withdrawal by the PMA and
others, of the litigation against the Government of South Africa with
regard to medicines legislation. The legal process therefore remains
unchanged by any offers by the Pharmaceutical Manufacturers Association
that falls short of this condition. The Government of South Africa will
continue to build its legal defence in this case, and hope to conclude
the case as rapidly as the courts will allow.

There is no change with respect to the Government of South Afric's
policy enabled by act 90 of 1997.

As often stated before, it is the policy of the Government of South
Africa that Act 90 will not allow the abrogation of the patent
protection. The policy position of the Government of South Africa is
that - as allowed by the Act 90 and international trade agreement, it
may issue compulsory licences for , or parallel import medicines, in the
public interest.

ENDS

 

 

 

 

 

 

 

 

-- 
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