Associated Press
Pretoria
— Thousands of people protesting the high cost of AIDS
medications marched on the U.S. Embassy on Monday while
manufacturers asked a judge to throw out a law activists say is
needed to get AIDS drugs to the poor.
The demonstrators in Pretoria, South Africa's capital, want
the United States to pressure drug companies to withdraw a
lawsuit they filed to overturn a law that gives the South
Africa's Health Minister a limited right to import generic
versions of patented drugs or licence their domestic production.
Smaller protests were also held in Cape Town and the east coast
city of Durban.
More than three dozen pharmaceutical companies opened their
lawsuit in the Pretoria High Court on Monday by arguing that a
1997 amendment gave South Africa's Health Minister the power to
arbitrarily ignore patents and trample the rights of drug
companies.
South African officials maintain the law is needed to save
those who cannot afford expensive AIDS treatments.
AIDS activists have said the outcome of the case will
determine whether developing countries are allowed access to
cheap, generic versions of AIDS medications.
The disputed law, which has never been used, allows the
Health Minister "in certain circumstances so as to protect
the health of the public" to set conditions for the supply
of more affordable medications.
Stephanus Cilliers, a lawyer for the pharmaceutical industry,
argued the law could be used to import patented medicines from
other countries, where they are cheaper, hurting the local
patent holder and damaging the industry's international pricing
system.
He said the government recently signed the Trade Related
Intellectual Property Agreement, the treaty administered by the
World Trade Organization that governs international patent
rights.
"We can hardly be seen now to breach this treaty with
respect to medicine," he said.
Mark Hayward, a lawyer who represents AIDS activists, said
the pharmaceutical industry had unfairly assumed the law would
be interpreted to destroy their patent rights. But the
government has gone to great lengths to court foreign investment
and would not likely endanger that by infringing on patents, he
said.
"They are making big presumptions before they see the
regulations to go with the act," he said.
More than 25 million of the 36 million people infected with
HIV, the virus that causes AIDS, live in sub-Saharan Africa, one
of the world's most impoverished regions.
"There can be no better world whilst people in
developing countries are dying from curable diseases just
because these drugs are so expensive," Blade Nzimande,
secretary-general of the South African Communist party, told the
protesters in Pretoria.
Glenys Kinnock, a British member of the European Parliament,
told the protesters South Africa was "suffering an
apartheid of drugs."
When the law was passed, the United States government
vehemently opposed it, going so far as to threaten trade
sanctions against South Africa.
As then-vice president Al Gore began campaigning for the
presidency, however, protesters began publicly embarrassing him
by bringing up the issue. In 1999, the Clinton administration
changed its position, agreeing to support South Africa as long
as the law was enforced in a way that did not conflict with
international trade agreements.
President George W. Bush's administration reaffirmed that
policy.
"The U.S. government is actively engaged in co-operative
efforts to assist developing countries to confront the HIV
epidemic including by providing access to affordable
medicines," said Valerie Crites, spokeswoman for the U.S.
embassy in Pretoria.
The hearing in the Pretoria High Court was expected to last
more than a week and the ruling might not come before the end of
the year.
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