Fwd: [Ip-health] E. African Standard: Kenyan Change in Patent Law to Raise Cost of Drugs by 300 Percent

[Gaelle Krikorian]

--
[ Picked text/plain from multipart/alternative ]

> From: "Christa Cepuch" <christa@haiafrica.org>
>
> MSF and CHMP put together a price list for generic / branded ARVs
> in Kenya
> and the journalists made comparisons based on that list.  Some of the
> information as they have communicated it is a bit off, as some of
> the ARVs
> they are comparing are not patented in Kenya (meaning of course
> that the
> amendments, if passed, wouldn't necessarily affect those
> procurements /
> prices).
>
> In these articles, they were mostly focussing on the price difference
> between NVP brand vs generic in Kenya (about $46.30 vs $7.80 per 60
> tablets).  NVP is under patent in Kenya so this was a good example,
> although
> its price differential cannot be extrapolated to say that
> "medicines prices
> will increase by this specific percentage" of course.
>
> An update on this issue: yesterday in Parliament the Minster for
> Justice
> announced that these amendments were not in the interests of
> Kenyans and
> agreed that they should be deleted.  The Bill is now with the
> responsible
> Committee, which should offically delete those amendments.
> Everyone is
> encouraged, but is still monitoring until it's officially over.
> --------------------------------------
> Christa Cepuch BSc Phm
> HAI Africa Collaborations
> tel +254 733 615 189
> www.haiafrica.org
>
> Health Action International (HAI) is an independent global network
> working
> to increase access to essential medicines and improve their
> rational use.
> ---------------------------------------
>
> -----Original Message-----
> From: ip-health-admin@lists.essential.org
> [mailto:ip-health-admin@lists.essential.org] On Behalf Of Ga=EBlle
> Krikorian
> Sent: 25 July 2006 20:48
> To: Mike Palmedo
> Cc: ip-health@lists.essential.org
> Subject: Re: [Ip-health] E. African Standard: Kenyan Change in
> Patent Law to
> Raise Cost of Drugs by 300 Percent
>
> Does anybody know from where the price assessments are coming from?
>
> best,
>
> gaelle
>
> On Jul 25, 2006, at 12:59 PM, Mike Palmedo wrote:
>
>> http://allafrica.com/stories/200607250122.html
>>
>> Kenya: Change in Patent Law to Raise Cost of Drugs By 300 Percent
>>
>> The East African Standard
>> July 25, 2006
>> Richard Chesos
>> Nairobi
>>
>> The proposed amendments to the Intellectual Property law will cause
>> the cost of essential drugs to rise by a margin of at least 300 per
>> cent, it emerged on Monday.
>>
>> Dr John Wasonga, a HIV/Aids specialist, said the cost of anti-
>> retroviral drugs used to prevent mother-to-child transmission would
>> rise to Sh1,770 from Sh155 - an increase of more than 1,000 per cent.
>>
>> The proposed amendments to the law will restrict the Government to
>> purchasing patented drugs and restrict access to generics, whose low
>> pricing has enabled thousands of Kenyans to access treatment for
>> endemic conditions such as HIV/Aids and infectious diseases like
>> malaria and tuberculosis.
>>
>> On Monday, it emerged that the proposed amendments were taken to
>> Parliament despite opposition by the Director of Medical Services, Dr
>> James Nyikal. The DMS is said to have written to the Attorney General
>> expressing reservations about the amendments, but their originators
>> appear to have held sway.
>>
>> HIV/Aids treatment specialists reckon a monthly dose of patented ARV
>> drugs costs Sh4,500 compared to Sh1,500 per patient for the six-dose
>> generic drugs.
>>
>> The latter are still beyond the reach of millions of Kenyans who fall
>> under the 60 per cent bracket of those living below the poverty line.
>> Activists argue that the IP Act in its present form is in tandem with
>> the World Trade Organisation's (WTO) Agreement on Trade Related
>> Aspects of Intellectual Property Rights (Trips) that outlines minimum
>> standards for patent protection for incorporation into national
>> legislation.
>>
>> Legal experts view the amendment as posing the risk of restricting
>> Kenya's powers to invoke the special Trips clause that allows WTO
>> member states to use generic drugs in special circumstances.
>>
>> India and Brazil have, for example, invoked this clause to
>> manufacture
>> generic versions of ARVs, which has benefited millions of HIV
>> patients
>> across the globe.
>>
>> The Bill, which is expected to be debated this week, seeks to amend
>> sections 6(a), 11(2)(a), 58(2), 82 and delete sections 80 (1A),
>> (1B) and
>> (1C) of the Industrial Property (IP) Act 2001.
>>
>> Ms Monique Wanjala, a HIV/Aids patient, supported the IP Act in its
>> current form because it offers flexibility that allows for
>> importation
>> of cheap generic drugs. Wanjala, who has been on ARVs for two-and-a-
>> half years, said the proposed changes would delay procurement of
>> essential drugs and cause many deaths.
>>
>> The activists wondered why the amendments were being re-introduced
>> yet
>> former President Moi had rejected them in 2002. They alleged mischief
>> in the action and urged Amos Wako to disclose their originator.
>>
>> _______________________________________________
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>>
>
>
>
> ----------------------
> Ga=EBlle Krikorian
>
> Researcher
>
> CRESP
> Research Center on Health, Social and Political Issues Inserm -
> Universit=E9
> Paris 13 - Ecoles des Hautes Etudes en Sciences Sociales
>
> Email: galk@free.fr
> Cell France: +33 (0)6 09 17 70 55
> Cell US: +1 917 689 5086
>
>
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