|Protestors outside court: Suleiman Mbatiah/IPS|
John Syekei previously wrote this piece for Afro-IP summarising the issues and commenting that his concern is that the Court will favour public interest groups without a full analysis the law, as drafted. Essentially he believes the problem is bad drafting.
"The question that begs is whether the Constitutional Court shall in its interpretation of the [Anti-Counterfeit] law, redraft the AC law , re-look at the existing Patent laws in Kenya and issue a judicial comment on them or shall it send it back to Parliament? This decision will definitely redefine the landscape as we know it as relates to Patent protection of branded medicines, Trademark rights and Counterfeit practices." ...
An update from anyone in the region after the decision would be appreciated.