South Africa’s intellectual property laws won’t change soon, experts say. That means pharmaceutical companies will keep abusing the country’s weak system
”, and is a way for developers to keep on earning profits from old innovations without further benefits to patients.
, an officer who’s at the Companies & Intellectual Property Commission in the department of trade, industry & competition . the only way This kind of system is supposed to shift the responsibility of regulating innovations onto pharmaceutical companies instead of the government. In a perfect world, such a system would give generic drug manufacturers an incentive to take originator companies to court to argue that they’ve won an unfair monopoly, says Jonathan Berger, a lawyer at Webber Wentzel.
In a case like this, Berger says, the winning company can also use the courts to block the loser’s ability to ever make a generic version of a drug.
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