European MPs have now expressed support for South Africa in its struggle to use WTO-compliant legislation to gain access to the cheapest possible life-saving drugs. Their solidarity and support is expected to go a long way in boosting the efforts of both AIDS activists and possibly those of Indian generic drug manufacturers.

The European parliament has called for moves towards a system allowing developing countries equitable access to medicines and vaccines at affordable prices. It has also urged 39 pharmaceutical companies to withdraw their court challenge to a 1997 law that gives South Africa unfettered power to control both the importation and production of generic drugs.

Activists also add that even if a state of emergency is not declared, South Africa can use its own laws that permit both importation and production of generic drugs.

Cipla's joint managing director Amar Lulla said that South Africa can issue compulsory licences under Article 4 and 56 of its existing patent law, with or without a national emergency. More importantly, even if one particular definition of a national emergency is not called for, the South African government or the courts can consider an application and act accordingly, he said.

Experts add that when the Federal Trade Commission (FTC) in the US can, to check monopolies, apply compulsory licensing in cases of merger without declaring an emergency, there is no reason why South Africa cannot.

Cipla had earlier requested the registrar of patents in South Africa to grant it a compulsory licences for eight AIDS drugs under Article 56 of the South African Patent Act. The company has also offered to pay royalties for the licence.

Activists said that South African government needs to move ahead and begin issuing licences, initially under Article 4 and 56 of the patent act, and later under an amended patent act, that provides fast track procedures.

South African president Thabo Mbeki had earlier reportedly rejected calls to declare a state of emergency to allow the country to import generic drugs to deal with its AIDS crisis. Mr Mbeki, however, told parliament a state of emergency is not needed because South Africa has its own law permitting both importation and production of generic drugs.