Africa understands that valid patents are the best protection against counterfeit and substandard medicines. And some nations are taking the bold step of recognizing IP rights as a public health issue.
Uganda (the fourth-largest importer of Indian medicines in Africa) is discussing a draft proposal to prevent entry of drugs defined as “counterfeit” for breaching intellectual property claims. The anti-counterfeit bill being discussed there is similar to the one proposed by Kenya. The Kenyan parliament has accepted the amendment and the bill is awaiting presidential approval.
Africa accounts for 14 per cent of India’s $8-billion medicine exports.
The African nations’ move to link intellectual property issues in this manner has come despite the defeat (due to pressure from India and others) of a recent attempt to similarly change the World Health Organization definition of “counterfeiting.”
Both the Ugandan and Kenyan bills define “counterfeiting” as manufacture, production, packaging, re-packaging, labelling or making, whether in the country or elsewhere without the authority of the owner of any intellectual property right subsisting in the country or elsewhere.
The proposed law also intends to make transit or trans-shipment of counterfeit goods illegal and allows border measures against such goods. The Netherlands had recently seized drug consignments of Cipla, Dr Reddy’s and Ind-Swift Laboratories on charges of intellectual property right infringement. The issue had made India (the origin) and Brazil (destination) voice concerns over such border measures.
For those who support drug importation here at home, here's a question: what do the govenment's in Uganda and Kenya know that you need to know?
Uganda (the fourth-largest importer of Indian medicines in Africa) is discussing a draft proposal to prevent entry of drugs defined as “counterfeit” for breaching intellectual property claims. The anti-counterfeit bill being discussed there is similar to the one proposed by Kenya. The Kenyan parliament has accepted the amendment and the bill is awaiting presidential approval.
Africa accounts for 14 per cent of India’s $8-billion medicine exports.
The African nations’ move to link intellectual property issues in this manner has come despite the defeat (due to pressure from India and others) of a recent attempt to similarly change the World Health Organization definition of “counterfeiting.”
Both the Ugandan and Kenyan bills define “counterfeiting” as manufacture, production, packaging, re-packaging, labelling or making, whether in the country or elsewhere without the authority of the owner of any intellectual property right subsisting in the country or elsewhere.
The proposed law also intends to make transit or trans-shipment of counterfeit goods illegal and allows border measures against such goods. The Netherlands had recently seized drug consignments of Cipla, Dr Reddy’s and Ind-Swift Laboratories on charges of intellectual property right infringement. The issue had made India (the origin) and Brazil (destination) voice concerns over such border measures.
For those who support drug importation here at home, here's a question: what do the govenment's in Uganda and Kenya know that you need to know?
