Swiss firms urged to drop case against cut-price drugs

Roche and Novartis are among 40 drugs companies challenging a South African law swissinfo.ch

A group of 28 development and aid organisations has called on two major Swiss drugs companies - Roche and Novartis - to withdraw from a legal challenge to the South African government over cut-price drugs.

The two multinationals are among 40 pharmaceutical companies taking the government to court over a law allowing South Africa to import cut-price drugs. The High Court in Pretoria is due to resume its hearing into the case on Wednesday.

In a statement issued on Tuesday, the non-governmental organisations said it was “shocking that Novartis and Roche should give higher priority to preserving their profit margins and patents than the health of millions of people”.

They also called on the Swiss government to support an international agreement restricting the application of patent law when it could lead to the infringement of basic human rights.

The lawsuit is centred on a South African law adopted in 1997 – but never implemented – which gives the health minister a limited right to import generic versions of patented drugs or to licence their domestic production.

Roche and Novartis belong to an alliance of drug companies which argues that the law infringes patent rights and discriminates against the industry, endangering profits and research.

But the South African government maintains that it cannot afford to pay for patented drugs to fight the Aids epidemic, which has affected about 10 per cent of the country’s population of 45 million.

It says that by importing cheap versions of well-known drugs it will be better able to ensure that everyone has access to the necessary medication.

The statement was signed by 28 organisations, including Terre des Hommes and Swissaid.

swissinfo with agencies