Intellectual property laws internationally and domestically regulate innovation, creativity and knowledge through the modalities of copyright, patents and trademarks.
Ever since their inception, IP laws have always recognised the importance of exceptions to this legal monopoly that further the public interest and ensure that private interests do not harm the welfare of the public and the rights of others. Exceptions are thus key to maintaining IP laws’ balance and integrity. In this context, the public interest underlying exceptions to IP has historically included education and health.
We and other civil society advocates, while supporting the Trips waiver proposal, have been at pains to point out that the South African government must practice what it is preaching at the WTO here at home.
The inexplicable delay in tabling the Patent Amendment Bill in the middle of a pandemic suggests that there may be vested interests at play that require further explanation, as the Health Justice Initiative has repeatedly publicly called for.should therefore be understood in the broader context of the need for exceptions in IP law that allow for affordable, equitable access to medicines and medical technologies.
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