<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/South_Africa_map.png" alt="South Africa" class="page-header-sidebar-image"> South Africa has provisions in its legislation relating to the granting of compulsory licences. These can be found in the Patents Act No. 57 of 1978. According to Section 56 of the Patents Act, an interested person may apply for a compulsory license if the rights under a patent are being abused. The Act considers patent rights to be abused under the following circumstances: 1. Non-Working of the Patent: - If the patented invention is not being commercially exploited in South Africa to an adequate extent after a period of four years from the patent application's filing date or three years from the patent grant date, whichever is later, without legitimate reasons for such non-exploitation. 2. Insufficient Supply to Meet Demand: - When the demand for the patented product in South Africa is not being met on reasonable terms, leading to inadequate availability of the product to the public. 3. Refusal to Grant a License Prejudicing Trade or Industry: - If the patent holder's refusal to grant a license on reasonable terms adversely affects the establishment or development of commercial or industrial activities in South Africa, and it is in the public interest to grant a compulsory license. 4. Excessive Pricing: - If the price of the patented product is excessive compared to prices in other countries, indicating that the patent holder is exploiting their exclusive rights to the detriment of the public. More information can be found [here](https://www.saflii.org/za/legis/consol_act/pa1978109/ ). ## Compulsory licences South Africa has been requested to issue a compulsory licence for [[AZT, 3TC, AZT/3TC, NVP]] by CIPLA. The compulsory licence has not been issued because a voluntary licence was issued instead. South Africa has been requested to issue a compulsory licence for [[ivacaftor/tezacaftor, elexacaftor/ivacaftor/tezacaftor]] by civil society. The compulsory licence has not been issued because the application is still pending. ## Generic manufacturers South Africa has its own generic manufacturer: [Adcock Ingram](https://www.adcock.co.za/).