Important note: Information in this article was accurate in 2002. The state of the art may have changed since the publication date.
UN Integrated Regional Information Networks - Monday, July 8, 2002
Kenya's 'Daily Nation' newspaper sounded the alarm on 1 July, saying 2.4 million Kenyans suffering from HIV/AIDS were unlikely to get access to generic varieties of anti-retroviral drugs following an amendment to the Industrial Property Act (IPA).
The amendment, which came into effect on 7 June, allows the importation of patented drugs, but disallows the importation of generic varieties, including key anti-retrovirals, without the "express consent" of the patent holder, the newspaper said.
Eva Ombaka, who works for the Ecumenical Pharmaceutical Network - a member of the Kenya Coalition for Access to Essential Medicines - told IRIN on Monday that the Coalition was now rethinking its strategies and looking for new options that could still offer hope for access to the essential medicines.
"It is quite unfortunate," she said. "Now we are almost back to the beginning. We need to look for other alternatives, other possibilities ".
The new requirement is technically possible but does not work in practice, mainly because pharmaceutical companies are unhappy with the use of generic drugs for HIV/AIDS treatment, Robert Letington, the Coalition's lawyer, told IRIN.
"All government ministers have been on record saying the aim of the new law was to allow the importation of cheaper generic drugs," he said. "But this is the very thing that they have taken away." Trade Minister Nicholas Biwott has however promised to seek the reversal of the amendments, according to the local media.
Kenya's debate on the controversial IPA amendment is taking place against the backdrop of the 14th International Aids Conference which kicked off in Barcelona, Spain on Monday.
The group, Medecins sans Frontieres (MSF), which is leading the campaign for access to AIDS treatment in Kenya, accused wealthy nations of "wilful neglect" which was costing millions of lives.
In a statement released on Sunday, MSF said many of the rich nations had failed to deliver on their promise to fund the fight against HIV/AIDS and lower the cost of anti-retroviral drugs.
020708
IR020704
Copyright © 2002 - Integrated Regional Information Networks (IRIN). Reproduction of this article (other than one copy for personal reference) must be cleared through the Integrated Regional Information Network. .
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2002. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980 – 2002. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .