South Africa Releases Proposal To Overhaul Pharma Patents

For months, the South African government was signaling its intent to draft a new policy for governing intellectual property. Now, the draft is out and, if implemented, may allow for greater production of lower-cost generics and limit what is derisively known as evergreening, a reference to patent extensions that are based on minor changes in a drug. The effort comes after years in which patient advocates have argued the South African government has been lax in reviewing patent applications to determine their validity, which has allowed global drugmakers to maintain high prices. In 2008, for instance, South Africa granted 2,442 pharmaceutical patents, while Brazil granted 278 pharmaceutical patents between 2003 and 2008. Now, the Department of Trade and Industry plans to bolster patent application examinations to cut down on evergreening, which is often employed when a patent on a drug is about to expire and the modification is used to claim a newer version of a drug has been hatched. This can allow a drugmaker to seek extended patent protection, block competition and keep the cash register ringing (here is the draft policy). Advocacy groups complain South Africa has not amended its patent laws to incorporate or implement the 2001 WTO agreement on Trade Related Aspects of Intellectual Property Rights, or TRIPS, which offers compulsory licensing as an option to countries to make patented drugs more affordable for citizens. The issue has been raised in order to make it possible ...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs