[Pharm-policy] MSF, TAC, Oxfam press release-SAfrica court case

[ACCESS-Com]

     Joint press release of MSF, Oxfam, TAC
     
     
     
     DRUG COMPANIES IN SOUTH AFRICA CAPITULATE
     UNDER BARRAGE OF PUBLIC PRESSURE
     Powerful precedent set for other developing countries
     
     Pretoria, South Africa, 19 April 2001- In response to resounding 
     global denunciation of their lawsuit, 39 drug companies today 
     unconditionally dropped the case they pursued for three years against 
     the South African government.  The end of the lawsuit clears the path 
     for the 1997 Medicines Act to go into force, allowing importation of 
     affordable medicines and increased use of quality generic drugs.
     
     "This is a real triumph of David over Goliath, not only for us here in 
     South Africa, but for people in many other developing countries who 
     are struggling for access to healthcare.   We have been encouraged and 
     strengthened by the support we've received from around the world, and 
     we are especially grateful to the 260,000 concerned citizens and 140 
     organisations from 130 countries who signed the global "Drop the Case" 
     petition," said Zackie Achmat, head of the Treatment Action Campaign.  
     
     The outcome of the case signals a dramatic shift in the balance of 
     power between developing countries and drug companies.  It sends a 
     clear message to the African heads of state, who are meeting next week 
     in Nigeria to discuss HIV and other diseases, that lives should and 
     can take precedence over patents.
     
     "Now nothing should stand in the way of countries who want to ensure 
     long-term access to affordable medicines," said Ellen 't Hoen, MSF 
     legal advisor.  The outcome of this case will help countries to take 
     full advantage of their rights under international trade rules to make 
     use of pro-health measures such as parallel imports and compulsory 
     licenses.  "We don't think the drug companies will be taking another 
     developing country to court anytime soon," she concluded.
     
     A group of African nations have already taken the initiative to defend 
     public health by convening a special session at the World Trade 
     Organisation to examine the impact of international patent rules on 
     health.  (This session will take place in Geneva on June 18 at the 
     WTO's TRIPS Council.)
     
     "This is a rare and very meaningful victory of the poor over powerful 
     multinational companies!  But our challenge now is to work together 
     with drug producers and government to get medicines to those who need 
     them," said Kevin Watkins of Oxfam.  
     
     ---------------------------
     
     Suerie Moon
     Editor
     Access to Essential Medicines Campaign
     Médecins Sans Frontières (MSF)
     rue du Lac 12
     CP 6090
     1207 Geneva
     Switzerland
     
     tel: +41 (22) 849 84 01
     fax: +41 (22) 849 84 04
     access-com@geneva.msf.org
     www.accessmed.msf.org