HC Deb 09 March 2001 vol 364 cc347-8W
Mr. Worthington

To ask the Secretary of State for Trade and Industry what outcome of the legal action being pursued by GlaxoSmithKline over the South African Government's amended Medicines Act would accord with Government policy. [152268]

Mr. Caborn

The Government do not speculate on the outcome of legal cases whether in the UK or overseas.

Mr. Worthington

To ask the Secretary of State for Trade and Industry, pursuant to his answer of 13 December 2000,Official Report, column 141W, on HIV/AIDS, if he has supported the use of compulsory licensing and parallel importing of medicines by poor countries. [152267]

Mr. Caborn

The Government support the existing flexibilities within the WTO TRIPS Agreement. This allows WTO members to implement domestic IPR regimes which take adequate account of their national circumstances. There is nothing in the TRIPS Agreement to prevent Governments from allowing the importation of goods from the cheapest legitimate international sources (parallel importing). This is a matter for the judgment of individual Governments. The TRIPS Agreement (Article 31) also allows Governments to authorise production without the consent of patent holders, subject to adequate compensation (compulsory licensing) in a range of circumstances.

Mr. Worthington

To ask the Secretary of State for Trade and Industry what contact his Department has had with the South African Government regarding its Medicines Act. [152270]

Mr. Caborn

The Department of Trade and Industry has had contacts with the South African Government concerning part of one article of its revised Medicines Act. We have made clear our support for South Africa's access to affordable medicines, consistent with national obligations under the TRIPs Agreement.