It concludes by calling upon government to ensure that the resultant IP policy is informed by the following principles-
- IP policy must be development-oriented, aimed to benefit all sectors of society, particularly the most vulnerable, and consistent with the fundamental rights under our Constitution.
- The policy should not under any circumstances endorse any more than the minimum requirements of the TRIPS Agreement and other international obligations to which South Africa is a party.
- All available flexibilities (drawn from TRIPS, Doha Declaration, and other international, foreign and domestic law sources) should be incorporated into the policy.
- In view of the severe public health impact of unexamined pharmaceutical patents, an express commitment is needed to the establishment of a patent examination system.
- IP laws and administration should comply with the requirements of the Bill of Rights.
It also calls for the following urgent measures to be taken:
- Further extensive public-wide consultation on this IP Policy, and on each legislative and policy draft emanating from this process.
- The establishment of a working group comprising government, academia and civil society, to advance the objectives of this policy process.
- The necessary investigations, and cost and impact assessments of the institution of an examination system.
The authors of the submission are:
Dr. Tobias Schonwetter, University of Cape Town
Professor Yousuf A Vawda,University of KwaZulu-Natal
Associate Professor Caroline Ncube, University of Cape Town
Mr. Andrew Rens, Duke University, U.S.A. & University of Cape Town
Prof. Brook K Baker, Northeastern University, U.S.A. & University of KwaZulu-Natal
Dr. Andre Louw, University of KwaZulu-Natal
Dr. Bernard Maister, University of Cape Town
Dr. Bram de Jonge, Wageningen University, The Netherlands & University of Cape Town
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