Drugs firms start case in S Africa against cheap Aids drugs

The court case to stop South Africa importing or producing cheap anti-Aids drugs has started in Pretoria.

The 39 pharmaceutical companies behind the case want to block a law that would allow South Africa to import cut-price versions of generic treatments rather than the more expensive brand drugs.

GlaxoSmithKline, Merck, Roche Holding and Boehringer-Ingelheim are just some of the global names involved in a legal battle that could have repercussions for millions of people in poor countries.

Judge President Bernard Ngoepe began the case by considering an offer by South African non-governmental organisation Treatment Action Campaign (TAC) to be recognised as a party in the dispute, which would give it speaking rights on behalf of AIDS victims.

But lawyers representing the pharmaceutical companies opposed this "amicus curiae" - friend of the court - offer, adding that it had been presented to reinforce the argument against them.

"What the amicus wants to do is supplement and shore up the argument of the respondent," said Fanie Cilliers, an advocate representing the Pharmaceutical Manufacturing Association.

Cilliers accused the TAC of "deliberate lateness", saying this development could affect the proceedings.

The pharmaceutical companies say a law passed by South Africa's parliament in 1997 violates international law on trade and intellectual property rights, by allowing the import and production of cheap generic medicines instead of costly brand drugs.

Implementation of the law has been blocked since 1998 by the court action.

The trial is expected to last seven days.