KENYAN PARLIAMENT TURNS DOWN PATENT LAW AMENDMENTS

Kenya's Parliament on Thursday rejected proposed amendments to its patent law, some of which had the potential decrease access to antiretroviral drugs. The amendments to the Industrial Property Act would require the government to buy drugs from the domestic market unless they can be found for less than half the domestic price in a neighboring country or on the global market.

The Ministry of Health opposed the amendments, which also would mandate that the government seek permission from patent holders before purchasing generic drugs. Some legal experts said the amendments could jeopardize Kenya's ability to produce drugs under the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS agreement allows developing countries to issue compulsory licenses to import generic drugs for diseases such as HIV/AIDS if a country confirms that it cannot manufacture them domestically. In addition, governments can approve the domestic production of generic versions of patented drugs during emergency public health situations if they fail to reach an agreement with the patent holder.