Africa, compulsory licensing

To be added, the early CLs on HIV drugs in several African countries.

South Africa

2003: CPTech’s 2003 reports for the RSA Competition Commission, in Hazel Tau et al.v GSK, Boehringer, et al. CPTech was the consultant to the Competition Commission staff that evaluated the Tau/TAC complaint, and investigated additional competition issues. GSK and Behringer were found to have violated RSA competition laws on three counts, including excessive pricing, refusal to license and blocking access to an essential facility. The excessive pricing case introduced a new paradigm for evaluating excessive prices on essential intellectual property goods (patented inventions on HIV drugs).

2013: WTO teams up with South Africa’s Department of Trade and Industry, WHO and WIPO to convene workshop on IP and public health, 2013-07-31
2013: “IP as a power tool for development” is back for a Nov. 2013 conference organized by South Africa’s Companies and IP Commission, 2013-08-02

2014: WIPO General Assembly 2014: South Africa Intervention on the Standing Committee on the Law of Patents (SCP), 2014-09-25

2016: Keynote address of Minister Rob Davies (South Africa) to WIPO International Conference on IP and Development, 2016-04-07
2016: SCP24: African Group submits revised proposal for a WIPO work program on Patents and Health, 2016-06-29
2016: SCP25: South Africa’s Experience Related to the Topic of Access to Medicines, 2016-12-14

2017: WTO TRIPS Council: Brazil, China, Fiji, India, and South Africa table agenda item on IP and the Public Interest, 2017-06-06
2017: WTO TRIPS Council (October 2017): South Africa highlights examples of compulsory licensing in Germany, Malaysia, and the US, 2017-10-21


2001: Implementing TRIPS safeguards with particular attention to administrative models for compulsory licensing of patents, WHO meeting in Harare, Zimbabwe, August 21, 2001, (with additional references to November Doha declaration)