Update: Parallel Importation and Generic Substitution of Drugs
In 2001 a high profile case in South Africa by international pharmaceutical companies against the implementation of provisions governing the parallel importation and generic substitution of drugs was dropped. Those provisions remain on the statute books, but have yet to be brought into effect. The reason for this is that the regulations necessary to give practical effect to the provisions have not been promulgated.
A recently published amendment to the provisions relating to generic substitution of drugs extends certain rights under the Act to suitably licensed persons in addition to pharmacists. However, this amendment does not alter the fact that the provisions as a whole remain in abeyance until brought into effect by the State President.
Spoor & Fisher