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 * Home
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FIX THE PATENT LAWS

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GLOBALLY PEOPLE ARE SUFFERING AND DYING NEEDLESSLY BECAUSE GOVERNMENTS ARE
UNABLE TO AFFORD TO BUY MEDICINES TO SAVE THEIR LIVES. IT IS TIME TO FIX THE
PATENT LAWS TO SAVE OUR LIVES!

NEWS

THE TIME TO FIX SOUTH AFRICA’S PATENT LAWS IS NOW! 

Media Statement: Thousands are dying and suffering because they can’t access
patented medicines. The time to Fix South Africa’s Patent Laws is now!  8
November 2021 — Activists from the Fix The Patent Laws Campaign will march to
the Department of Trade, Industry and Competition (DTIC) tomorrow 9 November
2021 to urge the government to […]

Read More


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NEWS

MEDIA ADVISORY: ACTIVISTS TO MARCH TO DTIC TO #FIXPATENTLAW ON 9 NOV 2021

MEDIA ADVISORY: ACTIVISTS TO MARCH TO DEPARTMENT OF TRADE, INDUSTRY AND
COMPETITION TO #FIXPATENTLAW ON 9 NOV 2021 People in South Africa are needlessly
suffering and dying because many patented medicines are unaffordable. The time
to Fix South Africa’s Patent Laws is now!  5 November 2021 — Activists from the
Fix The Patent Laws Campaign […]

Read More


MORE NEWS

 * Status of the draft legislation implementing the Intellectual Property Policy
 * Remarks by President Cyril Ramaphosa at the high-level dialogue on the future
   of vaccine manufacturing in Africa at the University of Pretoria, Tshwane
 * Comment on US trade representative support of the temporary waiver of
   intellectual property for COVID-19 vaccines
 * Fix the Patent Laws Campaign demands urgent release of bill to save lives


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TIMELINE OF INTELLECTUAL PROPERTY REFORM IN SOUTH AFRICA

 1.  1994
 2.  1997
 3.  1998
 4.  2001
 5.  2002
 6.  2003
 7.  2007
 8.  2008
 9.  2009
 10. 2010
 11. 2013
 12. 2014
 13. 2016
 14. 2017
 15. 2018
 16. 2019
 17. 2020
 18. 2021

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 1.  1994
     
     · APRIL – The Bill of Rights comes into force in South Africa outlining the
     new democratic government’s constitutional obligations including the
     progressive realisation of the right to have access to health care
     services.
     
     · APRIL – As a member of the World Trade Organisation (WTO), South Africa
     signs the international agreement on Trade Related Aspects of Intellectual
     Property Rights (TRIPS)


 2.  1997
     
     · NOVEMBER – President Nelson Mandela signs amendments to South Africa’s
     Medicines and Related Substances Act 101 of 1965 (Medicines Act) into law
     including certain TRIPS flexibilities.


 3.  1998
     
     · FEBRUARY  –  The Pharmaceutical Manufacturers Association (PMA),
     representing 37 international pharmaceutical companies, initiates legal
     action, challenging the introduction of amendments to the Medicines Act.


 4.  2001
     
     · APRIL – The PMA drops its case against the South African government
     following massive, international outcry.
     
     · NOVEMBER – The Doha Declaration on the TRIPS Agreement and Public Health
     (“the Doha Declaration”) is signed by members of the WTO, re-affirming
     countries’ rights to utilise safeguards in the TRIPS agreement to protect
     health.


 5.  2002
     
     · SEPTEMBER – TAC files a complaint with the Competition Commission
     concerning the conduct and excessive pricing of essential ARV medicines by
     multi-national pharmaceutical giants Boehringer Ingelheim and
     GlaxoSmithKline.


 6.  2003
     
     · DECEMBER – Following referral of TAC’s Competition Commission complaint
     to the Competition Tribunal, Boehringer Ingelheim and GlaxoSmithKline grant
     licenses for generic manufacture and sale of the ARV medicines Lamivudine
     and Zidovudine in South Africa and also allowing supply to other
     sub-Saharan countries.


 7.  2007
     
     · NOVEMBER – TAC launches Competition Commission complaint against MSD
     (Merck) for unlawfully refusing to grant licenses to allow for generic
     production of and affordable access to generic efavirenz.


 8.  2008
     
     · JUNE – Following TAC’s Competition Commission complaint, MSD grants
     voluntary licenses for production and use in South Africa of generic
     versions of ARV medicine Efavirenz, leading to massive price reductions


 9.  2009
     
     · JUNE – South Africa’s Department of Trade and Industry (DTI) initiates
     the process of reforming intellectual property (IP) laws on its own accord.
     The DTI announces plans to release a policy document for reform of South
     Africa’s IP legislation during 2009.


 10. 2010
     
     · NOVEMBER – TAC, MSF and SECTION27 jointly launch the Fix the Patent Laws
     campaign on the 10 year anniversary of the Doha Declaration.


 11. 2013
     
     · SEPTEMBER – DTI releases draft IP policy, inviting public comment. The
     draft policy outlines principles and proposals that promise to increase
     competition in the pharmaceutical sector and lower the prices of medicines
     in South Africa.
     
     · OCTOBER – Public comment period closes on draft IP Policy. Over 100
     submissions are submitted to the DTI. The Fix the Patent Laws campaign
     hands in our submission with a march to the DTI of attended by 1000
     comrades to bring awareness to the issue the DTI.


 12. 2014
     
     · JANUARY – Pharmagate scandal hits South African media—25 pharmaceutical
     companies under the umbrella organisation IPASA are revealed to be plotting
     a scheme to delay the finalisation of the IP policy. Minister of Health
     calls the plot tantamount to “genocide”.
     
     · MARCH – Mass marches are held by the Fix the Patent Laws campaign in Cape
     Town and Pretoria. Memorandums calling for a final IP policy before
     national elections are delivered to the DTI Minister and Parliament.
     
     · OCTOBER – At an IP Summit hosted by TAC, nearly 50,000 signatories sign
     petitions and an open letter to encourage the finalisation of the IP
     policy.


 13. 2016
     
     · MARCH – Members of the Fix the Patent Laws campaign picket outside
     pharmaceutical company Roche to highlight the excessive price charged for
     breast cancer medicine trastuzumab.
     
     · JULY – Cabinet approves a new IP Consultative Framework for South Africa,
     which is published for public comment by the Department of Trade and
     Industry
     
     · SEPTEMBER – Over 1000 activists from the Fix the Patent Laws Campaign
     march to the DTI office in Pretoria to hand over the coalition’s joint
     submission on the IP Consultative Framework.


 14. 2017
     
     · FEBRUARY – The Fix the Patent Laws Campaign leads a global day of action
     against pharma company Roche in memory of the late Tobeka Daki, launching
     the Tobeka Daki Campaign for Access to Trastuzumab in her memory.


 15. 2018
     
     · MAY – The cabinet of South Africa approves the new Intellectual Property
     (IP) Policy.


 16. 2019
     
     · APRIL – The Fix the Patent Laws campaign leads a protest of hundreds of
     people outside the Fair Pricing Forum in Johannesburg that asked the
     question “what is a fair price for a medicine?” Together with 64 global
     organisations, the campaign launched a joint statement highlighting the
     concerns with the WHO’s definition of a fair price.
     
     · APRIL – The Fix the Patent Laws campaign launched a report of findings
     from an analysis of tuberculosis research and development (R&D) underway in
     South Africa. The analysis was conducted to gain greater insight into the
     TB innovation landscape in South Africa, the role of public financing in
     driving and supporting innovation, as well as expectations of public
     returns (I.e., affordable, user-friendly health technologies) from R&D
     efforts and expenditure, and strategies employed to promote public returns.


 17. 2020
     
     · MAY –  More than 80 leading academics, researchers and teachers in South
     Africa sent a letter to South African President Cyril Ramaphosa. They urge
     the President to urgently reform South Africa’s patent laws and take
     further steps to ensure access to COVID-19 related health products.
     
     · MAY – The Fix the Patent Law campaign wrote to President Cyril Ramaphosa
     with recommendations for increasing access to COVID-19 diagnostics,
     treatments and vaccines which include placing a moratorium on the issuance
     of patents on COVID-19-related medical products or processes among other
     measures.
     
     · OCTOBER – The Fix the Patent Laws campaign wrote to the Minister of
     Trade, Industry and Competition requesting an update on the status of the
     draft legislation implementing the Intellectual Property Policy.


 18. 2021
     
     · FEBRUARY – In support of the TRIPS Waiver proposal, 10 groups of health
     activists delivered letters to 15 embassies in Pretoria and Cape Town
     demanding that their governments support the waiver request or at the very
     least stop obstructing the adoption of the proposed waiver in the WTO.
     
     · MARCH – Members of the FPTL campaign picketed outside the Department of
     Trade and Industry and Competition to demand that the government fix the
     patent laws to accelerate access to medicines for all.
     
     · MAY – The Fix the Patent Laws campaign welcomed the announcement that the
     Biden-Harris Administration supports the temporary waiver of intellectual
     property protections for COVID-19 vaccines.

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