HOW CAN WE FIX OUR EXISTING PATENT/IP LAWS GROUP 3 HOW CAN WE FIX OUR EXISTING PATENT/IP LAWS

SUBMISSIONS Bolar exception should have no time limits to allow for registration of generics where the patented medicine expires. Need to prevent patenting medicines which have been found to have new uses e.g. Viagra which was used for cardiovascular conditions. Harmonisation of the Patents Act on parallel importation with the Medicines and Allied Substances Control Act. Strengthen the provisions on compulsory licencing so that we can benefit from CLs as and when we need to issue them, eg on grounds of public interest.

SUBMISSIONS There is need to ensure that the proposed IP policy is drafted in order to set out the main objectives for the IP legislation. The IP policy should look at how the country intends to benefit from the legislation. Policy should also focus on how to protect, reward and support people who discover inventions. It should also look at the national interest in terms of articles 7 and 8 of TRIPS.

SUBMISSIONS There is need for broad based stakeholder consultations on the draft IP policy. This can be done through radio and TV programs, publishing in newspapers, and targeting specific interest groups such as musicians, performers, R&D institutions, commerce and industry.

SUBMISSIONS Need to domesticate the protocol amending TRIPS allowing for compulsory licences to export to the region – article 31bis. Inclusion of a provision for research and experiments – where the State funds R&D at public institutions, the ensuing IP belongs to the R&D institution. A thorough review/audit of all IP laws to ensure that they conform the international best practices.