[Ip-health] Kenya: Pfizer launches first-ever challenge at the IP Tribunal

[Christa Cepuch]

In Kenya, the Pfizer case in Philippines has been followed with interest.

Pfizer Kenya is currently pursuing a case against a local pharmaceutical
importer / supplier over patent infringement, concerning two essential
medicines: azithromycin and amlodipine.  Generic versions of both medicines
have been imported into Kenya by various local agencies (at significantly
lower prices) although only one such supplier is being challenged by Pfizer
in this case.

On 08 March 2007 the case was to be the first medicines-related case to be
heard at the Intellectual Property Tribunal (IPT) but immediately upon
beginning the hearing, an application for extension of time was made to
enable the generic importer to file a reply to Pfizer's statements of claim.
The extension was granted and the hearing of this case will thus not take
place for at least 45 days.

The IPT is a public courtroom, and the room was filled with silent treatment
activists wearing loud "access to medicines" t-shirts.  The chief pharmacist
of the MOH was also present to observe the proceedings.

Earlier last week, a Kenyan health civil society coalition submitted a
detailed letter of concern to the Secretary of the Tribunal, citing their
worries and suspicions about this case and its broader potential to affect
access to more affordable generic medicines for Kenyans.  This is same group
who spearheaded last year's successful campaign against the mysteriously
proposed amendments to Kenya's 2001 Industrial Property Act, amendments
which, had they passed, would have limited the scope of parallel importation
and weakened the Act's government use order clause.  (It should be further
noted that similar amendments were also attempted in 2002, immediately
following the official enactment of the IP Act.  They were initially passed
seemingly without anyone's knowledge, but then reversed by order of HE
President Moi after awareness was raised and much public campaigning was
carried out.)

At the close of the short IPT session, the judge disapprovingly acknowledged
the letter from civil society, stating that external submissions were not
acceptable while the case was in court, and that any further submissions
would be considered sub judice.

More on this case can be shared as it proceeds.

Posted by:
Peter Munyi and Christa Cepuch, KENYA
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Christa Cepuch
HAI Africa
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.
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