South Africa Clampdown on Multiple Patents

South Africa’s efforts to reform its intellectual property (IP) regime in order to improve access to medicines has sparked a firestorm in recent weeks, with major pharmaceutical companies openly at odds with civil society and developing countries.

The draft IP policy was published last September, with Pretoria now taking steps toward its eventual implementation. The changes would establish a system of substantive patent examination, and would also strengthen the existing criteria for “patentability.” These revisions, proponents say, would make it easier for generic drugs to compete in a market that has long been dominated by the research-based pharmaceutical industry.

“The current system allows pharmaceutical companies to obtain multiple patents on the same drug, even for inventions that do not fall under the country’s definition of innovation,” various civil society organisations have said in advocating for the reform.

The existing regime, they added, thus allows these companies to extend their monopolies and charge inflated prices for medicines, while making it difficult for generic manufacturers to compete.

However, the leak soon thereafter of a memo aimed at helping major drug companies undermine the proposed change has escalated the row, with South African Health Minister Aaron Motsoaledi openly comparing the industry campaign to “genocide.”