E-DRUG: Text of the Industry-SA Agreement
-----------------------------------------
[below the text of the agreement between the Drug Companies
and the SA Department of Health, as it was handed out at
the DOH press conference.
Please note it is NOT a settlement or a "deal".
There was NO out-of-court settlement.
The drug companies have withdrawn their case unconditionally in
open court, and have offered to pay the cost of DOH lawyers.
DOH did not concede anything new: the working party between DOH and
industry already existed, and the SA government has been on
record since 1998 that they would implement their Act in a
TRIPS compliant way. NN]
Text of Agreement in South African Drugs Case
"The parties agree that the challenges of accelerating access to
care and treatment for the diseases that affect the health of the
South African population, require co-operation and partnership from
all stakeholders.
"The pharmaceutical industry, whose primary role in addressing
these health challenges is to continue its investment in the search
for new medicines and vaccines, wishes to work together with the
government and citizens of the Republic of South Africa to help
them achieve the greatest health benefits for the largest number of
people- particularly with respect to the widespread and heavy
burden that the emerging and re-emerging communicable diseases
are taking on South Africa's families, communities and economies.
"The parties show a commitment to work together to implement the
government's health care objectives and strategies, each
contributing resources and expertise as appropriate.
"In furtherance of this commitment, the Health Ministry shall invite
a working party from the pharmaceutical industry and also request
members of the public to consult with the government in relation to
the regulations currently in development and other measures as
may be necessary that will implement and give effect to the
Medicines and Related Substance Control Amendment Act, Act 90
of 1997 including Section 15 C thereof.
"The industry welcomes and looks forward to the opportunity to join
with the government in this important work.
"The government of the Republic of South Africa reiterates its
commitment to honor its international obligations including the
Agreement of Trade Related Aspects of Intellectual Property Rights
(TRIPS). In reliance of this commitment the reference applicants
recognize and reaffirm that the Republic of South Africa may enact
national laws or regulations including regulations implementing Act
90 of 1997 or adopt measures necessary to protect public health
and broaden access to medicine in accordance with the South
African constitution and TRIPS. The parties recognize, with thanks,
the efforts of the Secretary General of the United Nations and the
President of the Republic of South Africa in facilitating this
agreement."
--------------------------------------------------------
--
Send mail for the `E-Drug' conference to `e-drug@usa.healthnet.org'.
Mail administrative requests to `majordomo@usa.healthnet.org'.
For additional assistance, send mail to: `owner-e-drug@usa.healthnet.org'.