[Ip-health] picking one's competitors

[Zackie Achmat]

Dear All

The agreements are on our website for anyone to read. www.tac.org.za

GSK and Boehringer are legally required to consider every application. The
terms of granting or refusing a licence can be no less favourable than the
licences granted to Aspen. Any aggrieved applicant for a licence who feels
that there are unreasonable requests or delays may contact either the
general secretary of the Congress of South African Trade Unions or the TAC
Chairperson to consult the Aspen terms.

TAC is confident that a company already meeting South Africa's regulatory
requirements will qualify.  Our organisation has never championed any drug
company brand or generic. Our aim is access to medicines through
competition, compulsory licences, voluntary licenses, pricing mechanisms and
any other practical means to ensure access.

Thanx

Zackie

-----Original Message-----
From: ip-health-admin@lists.essential.org
[mailto:ip-health-admin@lists.essential.org]On Behalf Of James Love
Sent: 12 December 2003 08:29 AM
To: IP-Health
Subject: [Ip-health] picking one's competitors


Perhaps TAC can explain why the settlement will permit GSK and BI to
pick its competitors, and what are the consequences for this, and in
particular, how the settlement will affect CIPLA, a firm that was the
first the introduce 3 in 1 FDCs (for which is also has a patent for the
RSA market), that actually sought licenses from GSK and BI, a firm that
has been publicly challenging and embarassing big pharma on the patent
issue like no other generic firm, and a firm that placed ARV drugs in
the market in RSA following the CC's September announcement.

Will the TAC deal allow CIPLA to continue to sell ARV's in RSA, or will
it result in CIPLA having to remove its products, while GSK picks
generic competitors that it prefers?


   Jamie

--
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040


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