Constitutional considerations tested in South African patent litigation

By Nico Vermaak and Jaco Theunissen, DM Kisch

The South African Supreme Court of Appeal (SCA) was tasked during 2012 to adjudicate in appeal proceedings between Cipla Medpro v Aventis Pharma, pertaining to South African patent no. 1993/8936 registered in the name of Aventis.

The Treatment Action Campaign (TAC) intervened, unopposed, in the proceedings and argued that constitutional considerations, and mainly the public interest, should be applied when deciding whether Aventis should be granted the interdict it sought.

Nico Vermaak DM Kisch律师事务所 专利部 高级合伙人 Senior Director Patent Department DM Kisch
Nico Vermaak
DM Kisch律师事务所
Senior Director
Patent Department
DM Kisch

Interim interdict

Aventis sought an interim interdict to prevent Cipla from infringing its patent, relating to an oncology product by the name of Taxotere, by its intended marketing of a generic alternative to Aventis’ Taxotere, the active ingredient of which is docetaxel.

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Nico Vermaak is a senior director and Jaco Theunissen is a senior associate in the patent department at DM Kisch

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