[Pharm-policy] Trial postponed - CPT comment (fwd)

[James Love]

May 6, 2001, Pretoria, South Africa.  As some may have seen on the
wires, today the court ruled that TAC would be granted a friend of the
court role in the South Africa Medicines Act case, but also adjourned
the case until April 18, bowing to threats from the PMA to file an
appeal on the grounds that they needed additional time to response to
the new evidence and issues raised by TAC.  In laymans terms, and I am a
layman, it was that TAC was asking the court to consider the public
health concerns of its members in giving consideration to whether or not
the medicines act section 15c was too broad.  TAC had filed a series of
affidavits and other evidence about pricing abuses, the US government
role in the development of HIV drugs (issues already addressed in the
government pleadings), and data on the extent of the HIV crisis.  PMA
argued that it needed 4 months to present a response, and wanted to
introduce evidence to defend the global patent system, or at least as it
related to medicines, looking at the consequence of price
discrimination, donations, etc on access by the poor, and just about
everything else you can imagine.  It was rather odd, hearing the PMA say
it didn't have evidence of the benefits of the patent system, and needed
time to collect "foreign" data, as if its members were "mom and pop"
local companies.

In any event, this sets off a new round of evidence gathering, which
should be finished around April 10 or so, and a new court date for April
18 to 26.  About 12 thousand or so South African AID deaths from now, as
measured in human terms.  The lawyer for the PMA seem to dispay open
contempt for the Judge, and threatens or implys they will appeals
frequently, so further delays are likely, as many speculate the PMA will
lose most if not all of the case at this level.

Thanks to those who have tried to contact me, and I will note that for
some reason I cannot get access to my voicemail from here, although when
the phone is on (not in court), I receive the calls.

 Jamie

-- 
James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
http://www.cptech.org
love@cptech.org
1.202.387.8030 fax 1.202.234.5176