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Kenya High Court Rules Anti-Counterfeiting Statute Unconstitutional

Kenya’s High Court has ruled that the Kenya Anti-Counterfeit Act of 2008 violates that country’s constitution because it threatens access to life-saving generic medicines. The law includes a very expansive definition of counterfeiting, which raises serious concerns among access to medicines groups.  The Constitutional Court of Kenya had previously barred the government from implementing the law until the issue – first filed by three people living with HIV – was addressed.

2 Comments

  1. John Holmes says:

    When will the holders of intellectual property realize that by pricing it out of reach could be considered to be the same as leaving a person dying of cold, thirst etc and not doing anything. The ethical issue is that which was encapsulated in the question asked and answered long ago – “who is my neighbor?”

    Now comes the problem of how to recoup R&D costs, normally only about 20% of the advertizing etc of development and not destroying the rivers of gold from the first world. Most pesticides and pharmaceutics drop in price by >= 90% after patents expire unless the patents are ever greened, another abomination.

    Time to expose the concept of the “undeserving poor” for the support of slavery/a return to the feudal days where serfs were owned and expendable, etc or worse – say an exploitative spare parts trade as seems to be going on with street children in India now.

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