# \[e-drug\] ARV & Patent debate in Kenyan Parliament (3)

**URL:** <https://talk.edrugplus.org/t/e-drug-arv-patent-debate-in-kenyan-parliament-3/25967>\
**Category:** e-drug\
**Created:** [July 31, 2006, 12:57am UTC](https://talk.edrugplus.org/t/e-drug-arv-patent-debate-in-kenyan-parliament-3/25967 "2006-07-31T00:57:55Z")\
**Posts on this page:** 1\
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**Author:** ![Dr\_S\_K\_Sharif1](https://avatars.discourse-cdn.com/v4/letter/d/c77e96/32.png) [@Dr\_S\_K\_Sharif1](https://talk.edrugplus.org/u/Dr_S_K_Sharif1)\
**Post date:** [July 31, 2006, 12:57am UTC](https://talk.edrugplus.org/t/e-drug-arv-patent-debate-in-kenyan-parliament-3/25967/1 "2006-07-31T00:57:55Z")

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E-DRUG: ARV & Patent debate in Kenyan Parliament (3)  
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[cross-posted from afro-nets with thanks; BS]

The Government of Kenya withdrew an amendment to the Industrial  
Property Act, which would have prohibited parallel imports of drugs.  
This innocuous looking piece of amendment would have meant that:

1. The government and their procurement agencies would be forced to  
first get consent from the medicines patent holder before shopping  
around the world for the best price and importing that medicine into  
Kenya

2. The government would be required to first negotiate with a patent  
holder before issuing a license for a third party to manufacture or  
import a medicine needed to address serious problems of medicines  
supply during health emergencies

This amendment was carefully drafted to alter the detail of  
Industrial Property Act of 2001 under a miscellaneous amendment bill  
which would have killed the very spirit of the act which was to make  
drugs cheaper.

It was surprising that during the first two readings very few members  
of the parliament including the Parliamentary Health Committee  
noticed the implications of the amendment.

The Director of Medical Services, Dr James Nyikal wrote to the  
Ministry of Justice and Constitutional Affairs about the implications  
the amendment would have on the drug prices. Members of the civil  
societies wrote to the Parliament and had demonstrations against the  
amendments.

On 27th July after realizing the implications of the amendment; the  
Minister of Justice and Constitutional Affairs told the Parliament it  
was withdrawing the amendments

Dr.S.K.Sharif  
Ministry of Health  
Kenya  
sksharif@ikenya.com