Court ruling secures affordable prostate cancer treatment

IN A landmark decision, the Supreme Court of Appeal (SCA) in South Africa has ruled that the generic prostate cancer medication Enzutrix will remain available at an affordable price.

This followed an order by the SCA this week in a patent-related battle between the Regents of the University of California (UC), which owned a South African patent for the prostatecancer drug Xtandi, and Eurolab, which introduced the generic product Enzutrix.

Eurolab was earlier granted the right to continue making and selling the generic medication following an order by the Commissioner of Patents, which sat at the Gauteng High Court in 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.

The court found that withdrawing the generic would have direct and serious consequences for the patients who depend on it.