Is there tension between the enforcement of patent rights and promotion of competition policy in South Africa?
| dc.article.end-page | 40 | |
| dc.article.start-page | 1 | |
| dc.contributor.author | Sham-Guild, Julia | |
| dc.contributor.supervisor | Marumoagae, Clement | |
| dc.date.accessioned | 2024-06-13T11:08:35Z | |
| dc.date.available | 2024-06-13T11:08:35Z | |
| dc.date.issued | 2023 | |
| dc.description | A research report submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg, 2023 | |
| dc.description.abstract | This research report examines the intersection between competition law and patent law. In particular, it examines the abuse of patent rights by dominant players that hinder access to life- changing products. It evaluates the potential tension between protecting patent rights and promoting competition, which raises concerns about equitable access to lifesaving products. Vertical and horizontal prohibited practices, including patent pools, cross-licensing agreements, and pay-for-delay settlements are also discussed, in terms of both encouraging co- operative opportunities benefitting society while also posing the risk of creating platforms for collusion that could lead to price fixing and market allocation for competing patented products. The focus for the South African competition authorities has been on addressing abuse of dominance by patent holders, particularly regarding excessive pricing and equitable access to patented life-saving medicines and vaccines. This research report examines the case law onexcessive pricing and dominant firms' refusal to license patents patented medications, resulting in Competition Commission investigations. This report also addresses equitable access to life- saving medicine, particularly during the COVID-19 pandemic, including South Africa's request to the World Trade Organisation for a TRIPS waiver for patented COVID-19 vaccines. The research report concludes that while there is tension between these areas of law, competition plays a vital role in promoting fair pricing of, and equitable access to, life-saving patents | |
| dc.description.submitter | MM2024 | |
| dc.faculty | Faculty of Commerce, Law and Management | |
| dc.identifier.citation | Sham-Guild, Julia. (2023). Is there tension between the enforcement of patent rights and promotion of competition policy in South Africa? [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace. https://hdl.handle.net/10539/38654 | |
| dc.identifier.uri | https://hdl.handle.net/10539/38654 | |
| dc.language.iso | en | |
| dc.publisher | University of the Witwatersrand, Johannesburg | |
| dc.rights | © 2023 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg. | |
| dc.rights.holder | University of the Witwatersrand, Johannesburg | |
| dc.school | School of Law | |
| dc.subject | Competition law | |
| dc.subject | Patent law | |
| dc.subject | Protecting patent rights | |
| dc.subject | Patent pools | |
| dc.subject | South African competition authorities | |
| dc.subject | COVID-19 pandemic | |
| dc.subject | UCTD | |
| dc.subject | Competition policy in South Africa? | |
| dc.subject.other | SDG-11: Sustainable cities and communities | |
| dc.title | Is there tension between the enforcement of patent rights and promotion of competition policy in South Africa? | |
| dc.type | Dissertation |