7 July 2009
NAIROBI - Three HIV/AIDS patients in Kenya announced Tuesday they will petition the country’s Constitutional Court to declare a new anti-counterfeiting act illegal because it could deny them access to generic medicines. The move, which has the support of public health groups across the country, seeks to have the 2008 Anti-Counterfeiting Act made unconstitutional on the grounds that it could rob them of their right to life.
The anti-counterfeiting law, which is aimed at cracking down on the fake batteries, pens, drugs and cosmetics flooding into Kenya, has been criticised by the NGO community and importers of generic drugs because of the way it defines counterfeit products. They say its definition is so vague that it could include generic drugs. The act could also allow a pharmaceutical company to charge patent infringement in Kenya even if its patent is not registered there.
”Generic medicines are legitimate exact copies of their brand-name original. They are not counterfeits,” the three said in a statement read out at a news conference. “They should not be confused with counterfeits. The manufacturing of generic medicines is not a criminal offence.”
”We believe our government should combat counterfeiters and counterfeit goods, including medicines,” the statement said. “But not at the expense of our health and our right to life.”
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