Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos penales

3. With respect to each form of intellectual property covered in Part II of the TRIPS Agreement, please describe any provision in South Africa's laws authorizing any limitation on a right holder's ability to enforce its rights against unauthorized imports.

Section 15c of the Medicines and Related Substances Control Amendment Act empowers the Minister of Health to authorize the parallel importation of patented medicines under certain circumstances. This is an enabling provision and it must be noted that a holder's right to enforce its rights against unauthorized imports of a patented product will only be affected in those instances where this provision is invoked.