PHA-Exch> Kenya Anti-counterfeit Bill to be amended to protect medicine

[Claudio Schuftan]

From: HAI Africa <info at haiafrica.org>


Dear all,

Earlier this week we posted about the ongoing debate about Kenya's
Anti-Counterfeit Bill and the risk it poses to access to medicines.

Yesterday (Thurs 30 Oct) the Bill was read and the Minister of
Industrialisation announced that amendments would be made to it, to protect
the public health.  It is now at committee stage for those amendments to be
drafted and inserted before the Bill returns to Parliament for its final
reading.

Below is the latest media article pasted below for your interest.

With kind regards
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Health Action International (HAI) Africa
http://www.haiafrica.org
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http://www.eastandard.net/parliament/InsidePage.php?id=1143998217&cid=37&

Anti-counterfeit Bill to be amended to protect medicine
by David Ochami, Alex Ndegwa and Peter Opiyo
Friday 30 October 2008

WHAT IS IT ABOUT: The Bill proposes the establishment of the
Anti-Counterfeit Agency to, among others, combat trade and other dealings in
counterfeit goods.  The minster said the draft law would be amended to
remove a blanket ban on generic drugs.  Critics argue it is imporoper to
freeze parallel imports that benefited Kenyans since they were cheap and
accessible.  Kosgey agreed to address concerns that the draft law does not
distinguish essential and lifesaving medicines from non-essential goods like
DVDs, batteries, etc.


The Anti-Counterfeit Bill will be amended to protect production and sale of
generic medicine including anti-retroviral drugs ARVs.
Industrialisation Minister Henry Kosgey told Parliament the amendments would
allay fears the proposed law seeks to impose a blanket ban on generic
medicine, which, he said had also been affected by counterfeit production.

He added the amendments would be made at the committee stage and asked
members to support it.

Kosgey made the announcement as members concluded debate on the Bill.

Members of Parliament sought other amendments to make the proposed
anti-counterfeit agency and board lean and effective.

Kosgey said besides consolidating laws on counterfeit sales and production
into a single statute, the bill seeks to protect Kenyans from dangerous
medicine and other consumer goods.

"We will introduce amendments at to bring the manufacture of generic
medicine within the law in accordance with World Health Organisation
requirements," said Kosgey.

He said manufacturers lose Sh50 billion annually to counterfeit products
adding that laws including the Customs Act does not define counterfeiting,
impose penalties or provide remedies for those affected by illegal imports.

The proposed agency's executive director will have power to arrest
violators, seize counterfeit goods and forfeit these goods.

Medical Services Assistant Minister Danson Mungatana said the amendment on
generic medicines would protect 230,000 Kenyans on Government subsidised
ARVs.

Wilbur Otchillo (Emuhaya ODM) said the bill should not conflict with the
Intellectual [Industrial] Property Act as MPs sought a leaner and more
inclusive board.

Last year, Kenya's first Anti-Counterfeit Bill was published and lapsed in
Parliament. The Bill was republished on July 1.

It criminalises possession and manufacture of counterfeits and spells out
punishment to offenders.
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