Dear Portfolio Committee On Trade, Industry and Competition,

Thank you for considering these questions.

The Draft Patents Amendment Bill is vital to Pandemic Readiness, access to medicines and to local manufacturing. Yet it has repeatedly been delayed for years.

Can the DTI please provide detailed answers to the following questions:
1.) What are the reasons why this Bill is delayed?
2.) Is the Department experiencing external pressures from 3rd parties such as US trade and EU trade entities to delay the Bill, and if so, what are the pressures?
3.) In his response to Question NW277 on 8 March 2023, the Minister of Trade, Industry and Competition noted that
i.) the Protocol on Intellectual Property Rights (which was formally reported to at the African Union Assembly during February 2023) and
ii.) the final agreement reached at the World Trade Organisation (WTO) on waivers and flexibilities relating to pandemic use of patented vaccines
had an impact on the draft Bill.
Could the Department please clarify how these instruments would impact on the Bill?
4.) When will South Africa introduce pre-grant patent opposition procedures at least to avoid broad patent claims?
5.) When will the Bill be tabled in Parliament?"

Thank you.

Dr Marlise Richter