ARTICLE
1 November 2013

Are Patented Medicines Too Expensive?

BA
Bredenkamp Attorneys

Contributor

Bredenkamp Attorneys
The TAC (Treatment Action Campaign) has again this week lashed out at South African patent law saying that patented medicines are too expensive.
South Africa Intellectual Property
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Patent law, expensive (?) medicine and the TAC

The TAC (Treatment Action Campaign) has again this week lashed out at South African patent law saying that patented medicines are too expensive.

On the one hand, these medicines would not have existed were it not for patent laws.  Innovation has to be stimulated by the promise of reward.

On the other hand, one has to ask how big that reward should be.  You could argue that the bigger the reward, the more money is available for research and development to create even better medicines.  Surely this makes business sense? But some say the drug companies are just enriching themselves.

There is however the moral dilemma that some patients cannot afford lifesaving drugs.  Again, these drugs would not have existed were it not for patent laws, but now they do.

Many drug companies provide medicines at extremely low costs to certain indigent countries or groups of people.  Some even provide medicines free of charge.   Many drug companies have social responsibility programs and implement these at great cost.

One cannot, in general, blame patent laws and the drug companies.  Patent laws and systems are extremely important for a successful economy.  The moral dilemma has to be addressed but it has to be done in a responsible and sustainable manner.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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