E-DRUG: Kenya battles for cheaper drugs
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[crossposted from Treatment-Access with thanks. NN]
PRESS RELEASE
Nairobi, May 10, 2001
Millions already ill, but with safeguards, bill can provide access
to cheaper medicines
At a press conference today in Nairobi, the Kenya Coalition for
Access to Essential Medicines*, called on MPs to ensure that public
health takes precedence over private financial interests, to ensure
that essential medicines are affordable. The call comes as departmental
committees prepare to review the Industrial Property Bill (IP Bill)
during May recess. The coalition warned that millions are at risk of
disease and death unless the government is allowed to make full use
of WTO/TRIPS-related safeguards like parallel importing and
compulsory licensing.
�Every Kenyan has a friend or family member suffering from HIV related
infections. The Industrial Property Bill is a unique opportunity to
ensure that Kenyan patients and doctors can legally access cheaper
medicines to prolong and save lives.� Said Dr Christopher Ouma of
Action Aid, speaking for the Kenya Coalition. �Doctors are tired of
not treating patients when drugs exist. Kenya must be able to shop
around the world for the cheapest drugs. The MPs must not miss this
opportunity to include life-saving WTO/TRIPS safeguards such as parallel
importing and compulsory licensing in the bill�. He concluded.
The Kenya Coalition expressed concern that the multi-nationals could
put pressure on the Kenyan government to drop or amend these vital,
legal and internationally recognized safeguards, which could ensure
the right of access to affordable medicines for millions of people
suffering from AIDS and other diseases. Multinational pharmaceutical
companies are among the most profitable industries in the world.
Africa makes up just over 1% of the global pharmaceutical market,
and Kenya but a minute fraction of that.
Despite high profile publicity around multi-national discount offers,
these offers are no substitution for a legal system, which will ensure
long-term sustainable access to affordable medicines. The company
offers are only for AIDS drugs and have only been offered under heavy
public pressure. These do not cover medicines for other life-threatening
diseases like TB, and malaria. Kenya cannot afford to rely on the
charity of profit making companies for its future.
After a year of consultation and of work by government departments,
and by health and intellectual property experts, the �Industrial Property
Bill� 2001 has been published. Once passed, the bill will make Kenya
TRIPS/WTO compliant.
The published bill protects intellectual property rights (increasing
patent protection to 20 years), but also gives the government the means
to access cheaper medicines though internationally recognized �safeguard�
mechanisms such as parallel importing (the right to shop around the
world for the cheapest offer of patented drugs); and compulsory licenses
(issuing licenses for the production or importation of cheaper generic
medicines). It is essential that these safeguards remain in the bill as published.
One of the key safe-guards, recommended by WTO and WHO, which is NOT
currently in the bill is the �Bolar provision�, allows local generic
manufacturers to do the appropriate trials, registration process etc,
to be ready to roll off the production line as soon as the patent expires.
In Kenya, it is estimated that around 2.5 million adults are living with HIV,
and that around 500 people die per day of HIV related infections.
What has become a chronic disease in Europe and America, where patients
are treated, reducing mortality by 75%, remains a deadly plague in Africa.
One of the key factors why people continue to die of AIDS is that
anti-retrovirals (ARVs) and other essential medicines are too expensive.
Although generic companies such as India�s CIPLA have been selling triple
combination of ARVs to governments (to Cameroon and Nigeria), at 350$US**
per patient per year. In May, in Kenya, the cheapest price negotiated by
certain hospitals came to US$ 1,330- 1,620 *** per patient per year, but
most hospitals and individuals continue to pay much more.
Only 1-2,000 people are estimated to be undergoing treatment.
For further information please call: Samantha Bolton office: 44 44 74,
mobile: 072 513 981; Indra Van Gisbergen mobile: 0733 747 567; or
Pauline Ngunjiri mobile: 0733 741 215.
* The Kenya Coalition on Access to Essential Medicines includes: Action Aid,
The Association of People living with AIDS in Kenya (TAPWAK); Health Action
International (HAI Africa); Network for people living with HIV/AIDS (NEPHAK);
Women Fighting AIDS in Kenya (WOFAK); Society for Woman and AIDS in Kenya
(SWAK); Nyumbani; International Federation of Women Lawyers Kenya (FIDA);
CARE International; M�decins Sans Fronti�res (MSF); DACASA; Pharmaciens
Sans Frontieres (PSF); Kenya Medical Association (KMA); Consumer Information
Network; Campaigners for AIDS Free Society.
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