• by Suleiman Mbatiah (nairobi)
• Thursday, July 01, 2010
• Inter Press Service

The agency tasked with implementing the Anti-Counterfeit Act of 2008 in Kenya is unaware of the Constitutional Court’s suspension of the law’s application to medicines. Moreover, a large multinational pharmaceutical company has offered to assist the agency in implementing the law with regards to medicines despite the court decision.

Sections of the Anti-Counterfeit Act that apply to medicines were suspended in April after three people living with HIV launched a court application against the law. The activists do not want the law to apply to medicines as it conflates counterfeit and generic medicines, which will deny them the right to affordable and life-saving generic antiretrovirals.

IPS ascertained that GlaxoSmithKline (GSK) has offered to sensitise officers at Kenya’s Anti-Counterfeit Agency (ACA) on identifying counterfeit medicines. The agency hosted induction courses for its officers during the course of June. The officers are charged with, among others, distinguishing between genuine and counterfeit products with a view to seizing counterfeits.

GSK's medical and regulatory affairs director, Dr. William Mwatu, confirmed that his company communicated with the agency to indicate its willingness to assist. The officers undertook visits to affected industries from Jun 15-18 but could not visit the GSK facility at that time.

Gregory Munyao, the agency’s acting secretary, told IPS that officers may visit GSK in July. He added that pharmaceutical companies have great interest in public health and in protecting their own interests and therefore have to be included in the induction.

The Kenya Association of Manufacturers’ policy research and advocacy unit officer Joseph Wairiuko said that the pharmaceutical companies had to be involved in the training of officers as they are the experts.

'Manufacturers have a role to play in informing the public on how to identify a genuine product,' Wairiuko told IPS. 'We are coming up with a database of all manufactured products to be pro-actively involved in the process,' he added. He at the same time accused the government of implementation delays.

Asked about the law’s implications for the agency’s operations with regards medicine, the agency appeared ignorant on the developments at the Constitutional Court.

'We are still in the process of setting up. I personally am not aware of the goings-on at the court about generics,' said Magdalene Munyao, the agency’s deputy director of enforcement and legal services.

Mwatu told IPS that GSK will not go against the court’s decision on the Anti-Counterfeit Act. He added that, 'we are very much against counterfeits, not generics. We will educate the agency’s officers on this.'

He also said that, counterfeits 'remain a threat and the agency must move swiftly to realise a positive impact.'

Gichinga Ndirangu, regional coordinator of Health Action International - Africa, told IPS that, 'we are relieved that the recent court ruling means that the Anti-Counterfeit Agency cannot interfere with the importation and distribution of generic medicines for Kenyans.'

He cautioned that, 'while the agency begins its work it must not be a stumbling block to access to medicines. This act threatens the flexibilities allowed to developing countries under the Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement of the World Trade Organisation that help increase access to more affordable generic medicines for people.'

Health Action International (HAI) — Africa is a global network of organisations and individuals promoting the right to health.

Activists scored an indirect victory when officials from Kenya’s health ministry told the World Health Organisation’s assembly in Geneva in June that the anti-counterfeit legislation was pushed by the country’s ministry of industry which failed to consider its implications for public health.

© Inter Press Service (2010) — All Rights Reserved. Original source: Inter Press Service

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