The Hazel Tau case provides an example of how competition law can be used to facilitate access to affordable medicines.

In this case, the Supreme Court of Appeals interpreted the claims of a pharmaceutical divisional patent and examined its novelty and inventive step. The Court also provided guidance on the admissibility of divisional patents under South African law.

The Court of the Commissioner of Patents in this decision focused on two main issues: (1) the protection of new medical uses of known products under South African patent law and (2) the requirements for prior art to destroy novelty by anticipation.