Proposed amendments to the law, if passed, will force the Kenyan Government to purchase patented drugs and restrict access to generics.
Treatment for endemic conditions such as Aids and for infectious diseases including malaria and tuberculosis are likely to soar to three to ten times current prices. Not surprisingly, the proposed amendments are opposed by the Kenyan Director of Medical Services, Dr James Nyikal.
The World Trade Organisation’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (Trips) outlines minimum standards for patent protection for incorporation into national legislation. However there is a special clause that allows member states to use generic drugs in special circumstances.
India and Brazil have invoked this clause to manufacture generic versions of ARVs, to the benefit of HIV patients across the globe.
The pros and cons of enforcing pharmaceutical patents, and the whole TRIPS agreement are fascinating. Since Israel has a highly developed generic drug industry, with Teva Pharmaceuticals being a major player on the International scene, we watch this development with interest.
