Edited by Frederick M. Abbott, Carlos M. Correa and Peter Drahos
Chapter 13: Patent law in emerging economies: South Africa
This chapter reflects on the development of patent law and practice in South Africa. It commences with a description of the origins of the applicable regime; and proceeds to consider how the law has shaped the practice of the patent system, as well as the manner in which the courts have applied the law. It then explores the effects of this system on issues such as access, innovation, investment, and the industrial policy choices made by the democratic government; and considers proposed changes to the national intellectual property regime to best meet South Africa’s developmental needs. Because the pricing of patent protected pharmaceuticals and its impact on public health has brought patents into sharp relief, this chapter includes a significant focus on pharmaceutical patents.
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