Bayer Secures Patent Victory: A Look at the Impact on South African Consumers

Overview

Pharmaceutical giant Bayer has won a patent battle against South African retailer Clicks, preventing the sale of a generic blood thinning medication. This decision raises concerns about the affordability of essential medicines for the public.

The Case

The court case involved the practice of “evergreening,” where pharmaceutical companies extend the life of their patents by making changes to the medicine, giving them a monopoly on production and sales. Bayer’s patent on anticoagulant rivaroxaban was extended until January 2026 after the dosage was altered to be administered once a day. Bayer argued this change constituted an “inventive step” as stipulated in patent law.

The Ruling

After the expiration of the initial patent, rival companies launched generic versions of rivaroxaban in South Africa. Although Bayer secured an interdict against these companies, it did not apply to pharmacies that already had stocks of the generic drugs, including Dr. Reddy’s Rivaxored. While competitors Dis-Chem and Alpha Pharm agreed not to sell the generics, Clicks opposed Bayer’s urgent interdict application.

Judge Colleen Collis granted the interdict and ordered Clicks to cover the costs of the application, stating that Clicks’ actions undermined the court’s authority to prevent unlawful commercial conduct. This ruling secured Bayer’s patent, but the debate about balancing patent enforcement and public interest, particularly in terms of access to affordable healthcare, will undoubtedly continue.