Saturday, 24 April 2010

Kenya's Anticounterfeit Law Suspended

In the much awaited decision on the Anti-counterfeit Act of 2008, the High Court of Kenya has suspended implementation of the Act "in as far as it applies to generic medicines." The case was filed by three people living with HIV challenging sections 2, 32 and 34 of the Act as unconstitutional.

Source IPS news

A this point Afro-IP is not sure of the meaning or effect of the "suspension" and doubts whether the ruling actually changes anything with regard to the Act
"confusing" generic and counterfeit medicine. Afro-IP would appreciate to get a copy of the ruling for further analysis, and at least to learn how the Court determined that the Act applies to "generic medicine".

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