[e-drug] CPTech filing in South Africa competition commission case

[James Love <james.love@cptech.org>]

E-drug: CPTech filing in South Africa competition commission case
---------------------------------------------

CPTech has added a litigator to the staff.   Sean Michael Fiil-Flynn is
a graduate of Harvard Law School, has clerked for the both the
Constitutional Court of South Africa and the U.S. Court of Appeals
for the 9th Circuit, and worked for the US Department of Justice and
elsewhere (resume at
http://www.cptech.org/ip/health/cl-cases/rsa-tac/sean-resume.doc ).

Sean will be working on compulsory licensing cases, and persons who want
to pursue compulsory licensing cases should feel free to contact him for
assistance (mailto:sean.flynn@cptech.org)

Yesterday CPTech submitted information in the TAC South Africa
Competition Commission case involving the pricing of Glaxo and
Boehringer Products.

The CPTech pleadings, which includes my second declaration in the case,
supports the TAC position, and also offers a legal, economic and policy
case for a policy of requiring non-discriminatory licensing of patents
for a reasonable royalty, when there is evidence of a significant gap
between the number of persons who would benefit from a health care
invention and the number of persons who actually have access to the
invention.  CPTech believes the empirical evidence for an access gap is
both a manageable burden for those seeking to require licenses of right
for patents on important medicinal technologies, and also the most
efficient test to address the Doha mandate to implement the TRIPS
agreement in a many to provide access to medicines for all.

This is what we filed today in the RSA competition commission:

STATEMENT OF INFORMATION BY CONSUMER PROJECT ON TECHNOLOGY CONCERNING AN
ALLEGED PROHIBITED PRACTICE IN TERMS OF SECTION 49B(2)(a) OF THE
COMPETITION ACT 89 OF 1998
http://www.cptech.org/ip/health/cl-cases/rsa-tac/cptech-statement-3feb2003.doc
EXPERT DECLARATION:  JAMES PACKARD LOVE
http://www.cptech.org/ip/health/cl-cases/rsa-tac/jpl-3feb2003.doc
http://www.cptech.org/ip/health/cl-cases/rsa-tac/jpl-table1.doc
http://www.cptech.org/ip/health/cl-cases/rsa-tac/jpl-table2.doc
[repair URLs as needed]


James Love, Director, Consumer Project on Technlogy
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040
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