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Pharmaceuticals drop South African court case
Medecins Sans Frontieres, April 23, 2001
On Thursday April 19, in response to resounding global denunciation of their lawsuit, 39 pharmaceutical companies unconditionally dropped the court case being pursued against the South African government. The end of the lawsuit clears the path for the 1997 Medicines Act to go into force, allowing importation of affordable medicines and increased use of quality generic drugs.
"Now nothing should stand in the way of countries who want to ensure long-term access to affordable medicines", said Ellen 't Hoen of
MSF.
The outcome of this case will help countries to take full advantage of their rights under international trade rules to make use of pro-health measures such as parallel imports and compulsory licenses.
"We don't think the drug companies will be taking another developing country to court anytime soon", Ellen 't Hoen concluded.
The pharmaceuticals sought to prevent implementation of the law claiming that it would harm their patent rights.
MSF, later supported by Oxfam, raised international attention to the case by organising a worldwide Internet petition demanding the industry to drop the case.
Close to 300.000 signatures were collected, more than 140 organisations from 130 countries signed and supported the petition, including celebrities. On the eve of the court case the signatures were symbolically offered to the industry.
The outcome of the case signals a dramatic shift in the balance of power between developing countries and the pharmaceutical multinationals. It sends a clear message to the African heads of state that they, too, could take matters into their own hands.
A group of African nations have already taken the initiative to defend public health by convening a special session at the World Trade Organisation to examine the impact of international patent rules on health. This session will take place in Geneva on June 18.
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