Medical advocacy groups have lauded Johnson & Johnson’s decision to cease enforcing its patent on a crucial tuberculosis medication, paving the way for its production at significantly reduced prices. This move comes after an investigation by South African authorities into the conglomerate’s practices.
On July 5, the South African Competition Commission announced it would not pursue legal action against J&J regarding allegations of abuse of dominance. This investigation was triggered by J&J and its subsidiary filing a secondary patent for bedaquiline last year, a vital drug for treating drug-resistant TB.
Experts have argued that the patent hindered generic producers from making more affordable versions of the medication, endangering the treatment of tens of thousands in South Africa, where TB claimed over 50,000 lives in 2021, making it the nation’s leading cause of death.
Authorities have now confirmed that J&J will not enforce its patent and has agreed to reduce the price of bedaquiline in South Africa by approximately 40%.
“This is a significant victory against anti-competitive practices in the pharmaceutical industry,” said Candice Sehoma, an advocacy adviser at Doctors Without Borders in South Africa. Sehoma expressed hope that South African generic manufacturers would soon begin producing bedaquiline, noting that Indian factories are already capable of making the drug.
Last year, activists from countries including India, Belarus, and Ukraine protested J&J’s attempts to protect its patent on bedaquiline but saw little success. The company’s application to extend its South African patent until 2027 had infuriated activists who accused it of profiteering.
In a rare challenge to the power of major pharmaceutical companies, the South African government investigated J&J’s pricing policies. The country had been paying around 5,400 rand ($282) per treatment course, significantly more than poorer countries receiving the drug through the Stop TB Partnership.
Fatima Hassan, founder of the Health Justice Initiative in South Africa, highlighted that patenting strategies for other critical medicines, including those for HIV, cancer, and cystic fibrosis, might also come under regulatory scrutiny for their pricing.
“Pharmaceutical corporations must be held accountable for their pricing policies going forward,” Hassan stated.
