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Drug firms press ahead
17/04/2001 11:19 - (SA)
Johannesburg – The association coordinating a worldwide challenge by drug firms against South Africa's plan to import cheap copies of patented Aids drugs reaffirmed its opposition to the plan on Tuesday.
The Pharmaceutical Manufacturers' Association of South Africa (PMA) told reporters on Tuesday it remained convinced that implementation of a law allowing the manufacture or import of cheaper generic copies of drugs used to fight HIV and Aids would not be in the country's best interest.
"The court case seeks to set aside law that we believe would give the health minister unfettered discretion to override patent rights for medicine in this country," said PMA chief Mirryena Deeb.
"Such law, we believe, would do nothing to improve sustainable access to quality medicine, including medicine needed for the treatment of HIV-Aids," she said.
The PMA and 39 international drug companies are trying to block implementation of the law which, they argue, infringes the patent rights that guarantee funding for research.
The case, which is attracting worldwide attention, was delayed to allow both sides to prepare testimony about the human cost of HIV and Aids in addition to the legal argument.
Argument is scheduled to resume in the Pretoria High Court on Wednesday with international Aids activist groups planning street protests outside the court against the pricing policies of the big pharmaceutical companies.
Pretoria contends the Medicines and Related Substances Control Amendment Act is vital to meet its constitutional duty to deliver affordable and sustainable health care to millions denied care under apartheid.
South Africa, with 4.7 million people already living with HIV or Aids, says the act would allow the government legally to make or buy from third countries cheaper copies of patented Aids drugs.
Former President Nelson Mandela on Sunday castigated drug makers for fighting the South African initiative.
"I think the pharmaceuticals are exploiting the situation that exists in countries like South Africa -- in the developing world -- because they charge exorbitant prices which are beyond the capacity of the ordinary HIV-Aids person. That is completely wrong and must be condemned.
"The government is perfectly entitled, in facing that situation, to resort to generic drugs and it is a gross error for the companies, for the pharmaceuticals, to take the government to court," he said.
- Reuters
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