CHANGES TO KENYAN PATENT LAW WOULD RAISE DRUG COSTS

Proposed amendments to Kenya's intellectual property (IP) law would cause the cost of essential drugs to rise by a margin of at least 300 percent. The cost of antiretroviral (ARV) drugs used to prevent mother-to-child transmission would increase more than 1,000 percent. The increased costs would prevent the government from purchasing brand drugs, allowing access only to generics.

Those who oppose the changes argue that the IP act in its present form is in parallel with the World Trade Organization's (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) that outlines minimum standards for patent protection for incorporation into national legislation. The act permits the importation of cheap generic drugs under the TRIPS clause that allows WTO member states to buy generics in special circumstances.