medicines and related substances control act 101 of 1965
medicines and related substances control act 101 of 1965
medicines and related substances control act 101 of 1965
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<strong>101</strong>5A Amendment <strong>of</strong> entries in register(1) The entry made in the register with respect to any medicine may on application by the holder <strong>of</strong> thecertificate <strong>of</strong> registration issued in respect <strong>of</strong> such medicine be amended by the registrar with the approval<strong>of</strong> the council.(2) Application for the amendment <strong>of</strong> an entry in the register shall be made to the registrar on the prescribedform <strong>and</strong> shall be accompanied by the prescribed application fees.(3) The registrar shall as soon as possible after the receipt <strong>of</strong> any such application submit the application tothe council for consideration.(4) If the council grants its approval in respect <strong>of</strong> any application submitted to it in terms <strong>of</strong> subsection (3) theregistrar shall make the required amendments in the register <strong>and</strong>, if necessary, cancel the existingcertificate <strong>of</strong> registration in respect <strong>of</strong> such medicine <strong>and</strong> issue a new certificate <strong>of</strong> registration on theprescribed form to the applicant in respect <strong>of</strong> such medicine.15BTransfer <strong>of</strong> certificates <strong>of</strong> registration(1) A certificate <strong>of</strong> registration may with the approval <strong>of</strong> the council be transferred by the holder there<strong>of</strong> toany other person.(2) Application for approval <strong>of</strong> the transfer <strong>of</strong> a certificate <strong>of</strong> registration shall be made to the registrar on theprescribed form <strong>and</strong> shall be accompanied by the certificate <strong>of</strong> registration in question <strong>and</strong> the prescribedapplication fees.(3) The registrar shall as soon as pr<strong>act</strong>icable after the receipt <strong>of</strong> any such application submit the application tothe council for consideration.(4) If the council grants any application submitted to it in terms <strong>of</strong> subsection (3) the registrar shall make thenecessary entries in the register relating to the person to whom the certificate <strong>of</strong> registration is transferred,cancel the existing certificate <strong>of</strong> registration <strong>and</strong> issue a new certificate <strong>of</strong> registration on the prescribedform to such person in respect <strong>of</strong> the relevant medicine.15C - Measures to ensure supply <strong>of</strong> more affordable <strong>medicines</strong>The Minister may prescribe conditions for the supply <strong>of</strong> more affordable <strong>medicines</strong> in certain circumstances soas to protect the health <strong>of</strong> the public, <strong>and</strong> in particular may-(a)(b)(c)notwithst<strong>and</strong>ing anything to the contrary contained in the Patents Act, 1978 (Act 57 <strong>of</strong> 1978), determinethat the rights with regard to any medicine under a patent granted in the Republic shall not extend to <strong>act</strong>sin respect <strong>of</strong> such medicine which has been put onto the market by the owner <strong>of</strong> the medicine, or with hisor her consent;prescribe the conditions on which any medicine which is identical in composition, meets the same qualityst<strong>and</strong>ard <strong>and</strong> is intended to have the same proprietary name as that <strong>of</strong> another medicine already registeredin the Republic, but which is imported by a person other than the person who is the holder <strong>of</strong> theregistration certificate <strong>of</strong> the medicine already registered <strong>and</strong> which originates from any site <strong>of</strong>manuf<strong>act</strong>ure <strong>of</strong> the original manuf<strong>act</strong>urer as approved by the council in the prescribed manner, may beimported;prescribe the registration procedure for, as well as the use <strong>of</strong>, the medicine referred to in paragraph (b).