The Politics of National Intellectual Property Policy Design and the Provision of Health Services in South Africa

by | Oct 15, 2019 | SAIP 2015, SAIPLJ

The Politics of National Intellectual Property Policy Design and the Provision of Health Services in South Africa

Authors Caroline Ncube

ISSN: 2521-2591
Affiliations: Professor, Department of Commercial Law, University of Cape Town
Source: South African Intellectual Property Law Journal, 2015, p. 15 – 39

Abstract

None

Rethinking Ownership of Intellectual Property Developed from Publicly Financed R&D: The Case for Indigenous Knowledge Holders

by | Oct 15, 2019 | SAIP 2015, SAIPLJ

Rethinking Ownership of Intellectual Property Developed from Publicly Financed R&D: The Case for Indigenous Knowledge Holders

Authors Vuyisile Hobololo

ISSN: 2521-2591
Affiliations: PhD candidate, Oliver Schreiner School of Law, University of the Witwatersrand
Source: South African Intellectual Property Law Journal, 2015, p. 1 – 14

Abstract

None

Promoting Access to Affordable Generics: Reforming South Africa’s Patent Law to Prevent Evergreening

by | Oct 15, 2019 | SAIP 2016, SAIPLJ

Promoting Access to Affordable Generics: Reforming South Africa’s Patent Law to Prevent Evergreening

Authors Stefanie Busch

ISSN: 2521-2591
Affiliations: None
Source: South African Intellectual Property Law Journal, 2016, p. 101 – 119

Abstract

This research paper focuses specifically on the need for a reform of South Africa’s current patent law regime, which is regulated by the Patents Act.1 By evaluating the drawbacks resulting from this regime, which are affecting public health and the country’s economy, this paper will identify the practice of evergreening as one of the main causes of such shortcomings. This writer will go on to suggest three manners in which South Africa’s current patent law regime should be reformed in order to prevent foreign pharmaceutical companies from taking advantage of its patent laws — and the patent application process specifcally — especially by means of the practice of evergreening. These suggestions are: (i) moving from a deposit or non-examination system for patent applications to a substantive patent examination system; (ii) creating a patent opposition system; and (iii) enacting an ‘effcacy’ requirement, as was done by means of s 3(d) of the Indian Patent Act.

Making the Nigerian Patent System more Efficient through Pre-Grant Opposition Mechanism: Lessons from India and Botswana

by | Oct 15, 2019 | SAIP 2016, SAIPLJ

Making the Nigerian Patent System more Efficient through Pre-Grant Opposition Mechanism: Lessons from India and Botswana

Authors Desmond O Oriakhogba, Alero I Fenemidho

ISSN: 2521-2591
Affiliations: Lecturer, Faculty of Law, University of Benin; PhD Candidate, Commercial Law Department, Law Faculty, University of Cape Town, South Africa; PhD Candidate and Lecturer, Law Faculty, University of Benin Nigeria
Source: South African Intellectual Property Law Journal, 2016, p. 64 – 92

Abstract

None