In an effort to make AIDS drugs available for 2.9 million HIV positive South Africans, the South African government passed a law in 1998 allowing the manufacture and import of generic drugs. As a World Trade Organization member, South Africa must abide by the Agreement on Trade Related Aspects on Intellectual Property. The TRIPS agreement maintains no drug can be manufactured generically for twenty years after it's initial release. However, the WTO provides that production of generics may supersede trademark law in cases of "national emergency". In February 1998, forty-two pharmaceutical companies filed a lawsuit against the Government of South Africa to protect patent rights and maintain marketing of these drugs.
A list is exhibited of those pharmaceutical companies involved in the lawsuit, which have also made financial contributions to Democrat and Republican parties in 1998-1999.
Donations by parent company or subsidiary To Democrats To Republicans 98-99 98-99 Bayer Corporation, Pittsburgh, PA $ 0 $124,649 Gamimune N, Ciprofloxacin Bristol-Myers Squibb, New York, NY $213,300 $441,035 Videx, Zerit, Didanosine, Taxol Glaxo-Wellcome, Greenford UK $ 35,000 $326,550 AZT, Combivir, Epivir, Ziagen, Abacavir, Agenerase, Retrivir, Zidovudine, Lamivudine, Bactrim, Mepron, Hoffman-LaRoche Inc., Basel, Switzerland $ 12,500 $ 45,525 Hivid, Invirase, Fortovase, Ganciclovir Ceftriaxone, Intron A Merck & Co., Whitehouse Station, NJ $ 0 $ 77,550 Crixivan, Ivermectin, Efavirenz, Indinavir Pharmacia & Upjohn, Peapack, NJ $ 60,000 $135,000 Rescriptor, Delavirdine, Rifabutin Schering Plough, Madison, NJ $151,000 $463,500 Roferon A Smith-Kline Beecham Corp. Brentford, UK $ 40,400 $ 85,500 Albendazole, Famvir Sources:
Business Day South Africa, April 19, 1999, p. 6
Common Cause, Washington DC
Consumer Project on Technology, Washington DC
High Court of South Africa Case Number 4183/98
Hoover's Company Profile, Austin TX
Intellectual Property Today, July 1997, p. 20
Pascal Boulet's UNAIDS/WHO report January 5, 2000
U.S. Department of State: Background Notes Republic of South Africa, February 1998.