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Review Medicine Patents in South Africa

Many health activists in South Africa say that the patent system for the medical industry is fundamentally flawed. They have also called for a review of patent registrations and patent law in South Africa. The system as it stands now allows for a pharmaceutical company to license just about any drug that they could wish for, which in turn will then make many medicines far too expensive for many of South Africa’s citizens. This is why activists are calling for a complete review of the system in order for them to prevent this type of abuse from carrying on.

Catherine Tomlinson, from the Treatment Action Campaign went on to say that companies today can only effect a tiny change to their drugs, then get a new 20 year patent registration for the medicine. She said that they will fight for these loopholes to be closed. However, Danie Dohmen, a patent lawyer warned that if these challenges to South Africa’s strong patent system pay off, it could have a far wider impact on the broad economy. He went on to explain that an examination system, or a slow patent registering process in South Africa would go on to affect all industries that rely on patent registration to protect their businesses, such as the agriculture, mining and manufacturing industries.

He said that one should be very careful of any unforeseen consequences that a proposed patent law examination system could bring about. The patent will protect knowledge of the company and enhance development in South Africa in general. However, activists insist that they are not targeting the economy here, they are only after more affordable medicines for all South Africans.

Yousuf Vawda, a law professor at the University of KwaZulu Natal said that he believes pharmaceutical patents go about making many of the vital drugs completely inaccessible to the general public. Cancer drugs, he says, are some of the most expensive drugs in the entire world. This also includes South Africa. The main reason for this is because all the drugs is patent protected.

These are only some of the many arguments that health activists use to fan their case for cheaper medicines and a review of the South African medical patent registration system.