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Copyright 1999 The New York Times Company  
The New York Times

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September 10, 1999, Friday, Late Edition - Final

SECTION: Section A; Page 3; Column 1; Foreign Desk 

LENGTH: 375 words

HEADLINE: U.S. Industry to Drop AIDS Drug Lawsuit Against South Africa

BYLINE:  By NEIL A. LEWIS 

DATELINE: WASHINGTON, Sept. 9

BODY:
Pharmaceutical industry leaders said today that they had suspended a lawsuit against South Africa over the price of drugs to treat AIDS and other illnesses.

The dispute has generated public anger toward Vice President Al Gore, who in talks with South Africa represented the drug companies' point of view.

The suit challenged a 1997 law aimed at giving South African patients access to cheaper drugs. More than 40 major drug companies said the law infringed on their patent rights. Alan F. Holmer, president of an organization representing the drug companies, said a senior South African official had assured him that the law would soon be changed.

The companies have been trying for two years to persuade South Africa to change the law. Mr. Holmer said that the South African Health Minister, Dr. Manto Tshabalala-Msimang, had said the bill would be redrafted next year. The law covers all drugs, but the focus of the dispute has been on AIDS drugs, because they are especially expensive and South Africa has been ravaged by the disease.

The 1997 law had two provisions aimed at bringing down drug prices. One sought to take advantage of a kind of gray market by allowing the import of drugs from countries where they may be available for less, even though unlicensed by the companies that hold the patents.

The second provision, called compulsory licensing, would let the South African Government license local manufacturers to make their own generic versions.

The pharmaceutical companies objected strongly, fearing that the law would erode their patent protections. They have pushed for help both from Congress and the White House, even raising the possibility of economic sanctions against South Africa.

The complex trade issue has proved a problem for Mr. Gore, who had represented the drug companies' point of view in talks with South Africa.

He has been confronted at campaign appearances by protesters accusing him of heartlessness toward AIDS sufferers in South Africa.

Industry officials have said that the dispute has blocked efforts to find other ways to reduce the cost of AIDS drugs in South Africa.

An estimated 6 million of South Africa's 44 million people are infected with H.I.V., the virus that causes AIDS.  

http://www.nytimes.com

LOAD-DATE: September 10, 1999




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