Thousands of people living with HIV and Aids in East Africa were given new hope on 25 April 2012, when a high court judge in Nairobi ruled that Kenya’s anti-counterfeit law was unconstitutional in its interpretation of generic HIV drugs as illegal counterfeits.
The judge's critical ruling centres around the declaration that
intellectual property rights do not over ride the right to health and
life. Private rights do not therefore supersede fundamental human rights
like the right to life itself. Many countries in Africa are proposing anti
counterfeit laws that are counter to national public health interests. The
ruling is an important precedent for East Africa and the world.
Kenya: Court Ruling on Generic Drugs Sets Precedent for the Region
allAfrica.com, 4 May 2012
Thousands of people living with HIV and Aids in East Africa were given new hope on 25 April 2012, when a high court judge in Nairobi ruled that Kenya’s anti-counterfeit law was unconstitutional in its interpretation of generic HIV drugs as illegal counterfeits.
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The judge's critical ruling centres around the declaration that intellectual property rights do not over ride the right to health and life. Private rights do not therefore supersede fundamental human rights like the right to life itself. Many countries in Africa are proposing anti counterfeit laws that are counter to national public health interests. The ruling is an important precedent for East Africa and the world.