Citation

Implementing Parallel Importation and Involuntary Licensing Mechanisms to Increase Access to Medicine In Kenya

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Abstract:

In recent years, there has been debate on the implication that pharmaceutical patents have on the ability of developing countries to meet their public health goals, particularly the goal of access to medicines. This debate somewhat ran its full course with the passage of the Doha Declaration on the TRIPS Agreement (2001) and the proposed Article 31 bis amendment to the TRIPS Agreement (currently awaiting ratification by the required number of WTO members). Both have created opportunities for countries to increase access to medicines by incorporating TRIPS Flexibilities into their domestic patent laws. Kenya is a developing country which has enacted a TRIPS Agreement compliant patent legislation which also incorporates a wide range of the available Flexibilities. The mechanisms of parallel importation and involuntary licensing are some of the most important Flexibilities which have been incorporated in this law. Mere incorporation of these mechanisms in the law is however not sufficient to afford increased access to medicines. The proposed paper therefore seeks to answer the following two questions: (a) are the mechanisms of parallel importation and involuntary licensing in fact used by the various actors in Kenya? and (b) what are the factors that influence the use or non use of these mechanisms in Kenya? The paper will be based on primary data which will be collected in Kenya in December 2008. The paper’s early hypothesis is that whereas there are significant barriers to the successful use of both mechanisms, parallel importation has been used more than involuntary licensing.
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Name: The Law and Society Association
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http://www.lawandsociety.org


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URL: http://citation.allacademic.com/meta/p304292_index.html
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MLA Citation:

Nyaga, Jackline. "Implementing Parallel Importation and Involuntary Licensing Mechanisms to Increase Access to Medicine In Kenya" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2014-11-29 <http://citation.allacademic.com/meta/p304292_index.html>

APA Citation:

Nyaga, J. M. , 2009-05-25 "Implementing Parallel Importation and Involuntary Licensing Mechanisms to Increase Access to Medicine In Kenya" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado <Not Available>. 2014-11-29 from http://citation.allacademic.com/meta/p304292_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In recent years, there has been debate on the implication that pharmaceutical patents have on the ability of developing countries to meet their public health goals, particularly the goal of access to medicines. This debate somewhat ran its full course with the passage of the Doha Declaration on the TRIPS Agreement (2001) and the proposed Article 31 bis amendment to the TRIPS Agreement (currently awaiting ratification by the required number of WTO members). Both have created opportunities for countries to increase access to medicines by incorporating TRIPS Flexibilities into their domestic patent laws. Kenya is a developing country which has enacted a TRIPS Agreement compliant patent legislation which also incorporates a wide range of the available Flexibilities. The mechanisms of parallel importation and involuntary licensing are some of the most important Flexibilities which have been incorporated in this law. Mere incorporation of these mechanisms in the law is however not sufficient to afford increased access to medicines. The proposed paper therefore seeks to answer the following two questions: (a) are the mechanisms of parallel importation and involuntary licensing in fact used by the various actors in Kenya? and (b) what are the factors that influence the use or non use of these mechanisms in Kenya? The paper will be based on primary data which will be collected in Kenya in December 2008. The paper’s early hypothesis is that whereas there are significant barriers to the successful use of both mechanisms, parallel importation has been used more than involuntary licensing.


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