Notes taken by Caroline Mubaira:
Services and intellectual properties
- Counterfeit – fake
-Trade mark- comes from hp. Its up to you to believe. Trust a source
-IP – don’t check quality
Uganda re-enforced Intellectual properties
Legislative efforts
Participants of the Access to medicines conference in Lusaka, Zambia
Sisule:
- What is problem with existing laws
- Are there gaps
- Can we fill gap instead of coming up with anti-counterfeit laws
Recommendation for Advocacy
WHO IMPACT INITIATIVE
- International
- Medical
- Product
- Against
- Counterfeiting
- Taskforce
Kenya: Peter
Toward 1990s Kenya.
Having provisions interpreted wrongly.
2007 bill published on anti- counterfeit
2008 bill resurfaced
Cso put workshop to inform media
There was a noticeable change that it was not dealing with batteries only
CSO sought to engage Parliament Committee on Health
They sought more information.
Parliamentary on Health raised with committee on Trade. They entertained issues. asked CSO to draft an amendment. Some coincidence occurred. Day PPCH parliament was discussing constitutional amendments. CSO was invited to meet Minister whom they found sitting with industry
In another meeting realized minute taker was industry. It was a rubber stamping method. Government considered and imported WHO definition. The definition does not include diagnostic.
Law was enacted. President signed. He also signed a law guarding media. It also impeded freedom of speech. They could not be reported. Another meeting was convened to clarify what law meant. No one knew. The generic manufacturers were afraid that they would be labeled criminal. CSO realized lobbying works before law is passed.
Kenya has no RTH in constitution. June 2009 lobbying started with support from OSI. Law would commence by notice by Minister. Government had no money to implement. Expectation was 2009-2010 law would be enacted. A suit was filed
A notice was published by Minister with a day before the suit. The government not offered a response
Strategy
Court has to decide if RT life includes health and environment
If case is worn would be good. If lost it would be a win. It would mean medicines are left out.
Questions and comments
Is there evidence of corruption?
It was the PP Trade. When CSO came up with a draft to PPH. Elections was an issue. Various constitutional amendments were to be made. Opportunity not present draft was not available.
In terms of corruption you can see all signs but not possible to tell.
What is the specific law trying to change?
The nature of Kenya rules one has to challenge section by section. Once a section is removed it means it has to go to court. We are challenging counterfeit definition, one can possess for personal consumption. This is section being challenged.
The current law has WHO definition. Part of the reason is it had support with pharmacy. CSO had proposed trade make infringement and copyright.
If Kenya CSOs could do one thing different, what would you do differently?
- Refuse as there are other mechanism
- Remove what is offending
- To highlight home from an international perspective. Kenya was first and no one knew how it would come out
- Sue government, but not possible for a law not yet enacted
- More advocacy strategies
Uganda
No one knew this was happening till the Kenya issues.
- Bill being brought
- Introduce of new agency that took powers of National Council of medicine
- Process, bill going through Ministry of Trade. It had gone through and thrown back
Media is reporting the other side? How strategic are you channeling information? It’s easy to look to the obvious?
Whose interests are IMPACT serving?
What happens if boarder measures are removed?
Realise we can not stop governments from enacting the law, so how are other countries going to act…the trend is obvious.
