The Supreme Court of Appeal (SCA) has ruled that the generic prostate cancer medication Enzutrix will remain available at an affordable price, following a patent battle between the Regents of the University of California (UC), which owned a South African patent for the prostate cancer drug Xtandi, and Eurolab, which introduced the generic product.
IOL reports that Eurolab was granted the right to continue making and selling the generic medication after an order by the Commissioner of Patents, which sat at the Gauteng High Court (Pretoria).
The court accepted that on the face of it, UC had a right to enforce its patent rights, but it reasoned the public’s interests weighed more heavily. It said Enzutrix is far cheaper for cancer patients who are not covered by medical aids.
The court pointed out that the patent will expire within weeks, and that withdrawing the generic would have direct and serious consequences for the patients who depend on it.
The court acknowledged UC’s arguments that it would occur irreparable financial loss if the generic is to remain on the shelves, but the judge pointed out the potential harm is financial as opposed to the harm of the patients.
The court also commented that this financial harm can later be addressed.
IOL PressReader article – Court ruling secures affordable prostate cancer treatment (Open access)
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