E-Drug: SA High Court enjoins UN in case against generic ARVs ban
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[A thought piece from Riaz followed by the story in the Standard, copied as fair use. - DB]
Dear All
This is a case in point to curb irrational exuberance with a focus on the real effects of WHO/IMPACT type regulations on dealing with "counterfeit"
drugs in Kenya. Can anyone still be under the illusion that these types
of measures are disguised measures to further enhance profits of
BigPharma... a "programme" in Africa that has Chirac directly involved
in some of the "campaigns" ... and is a complete deflection of the very
real concerns of Africans and spurious or unsafe medicines!
This from a WHO that fails to speak up about intellectual property
rights flexibilities to improve access to medicines, because
intellectual property is outside its mandate! It will of course join the
WTO (which extra-legally interpreted WTO sanitary and phytosanitary
rules) announcing it is safe to consume pork during the Swine Flu
Pandemic (incidentally for a virus that it regarded as plastic and
capable of rapid mutation, go figure!). Apparently American pork farmers
rank higher than the morbidity and mortality of Africans. Or in the
words of Orwell, some people are more equal than others!
Support for the WHO IMPACT programme comes from the EU as well as other
rich countries. Support for these kinds of actions is
shameless (notwithstanding the lame duck EU Parliament
statements/resolutions on not affecting access to medicines in poor
countries), presented as help for Africans. That the diagnosis of the
problems in Africa is unrelated to the prescription seems not to bother
anyone in the EU health diplomacy. If some Europeans view this just as a
problem "out there" a look at the EU Counterfeiting Directive should
give pause... it hardly contains any safeguards against abuse by patent
or license holders. What kind of incentives does it provide for
companies? Either they pay for enforcement of their rights themselves,
or get the taxpayer to pick up the bill?
And if there are concerns that abuse will not occur, it should be
recalled that even a UNITAID medicines shipment was seized which, almost
by definition, is for non-commercial use. But in a context where EU
citizens have been stonewalled on access to information about the Anti
Counterfeiting Treaty, this is not surprising.
In a bid to be constructive, perhaps we should make a call to raise
standards at WHO: please limit yourselves to double standards and act
against extreme double standards.
Riaz Tayob
riaz.tayob@gmail.com
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High Court enjoins UN in case against generic ARVs ban
The Standard | By Evelyn Kwamboka
http://www.standardmedia.co.ke/InsidePage.php?id=2000026980&cid=4
The United Nations has been enjoined in a case challenging the
Government’s decision to ban generic drugs for HIV and Aids.
It claimed enforcement of the Anti-Counterfeit Act 2008 would endanger
the lives of the infected.
The High Court in Nairobi heard those affected would not access
affordable and essential drugs.
"The Special Rapporeur wishes to intervene as an interested party to
support the constitutional principles of access to essential medicines,"
advocate Ombati Omwanza said yesterday. Justice Daniel Musinga allowed
Mr Anand Grover to represent the UN in the suit.
Generic drugs
The court had allowed importation of generic anti-retrovirals, pending
the hearing and determination of this case.
The interim order issued in April was aimed at saving the lives of those
living with the virus. The judge’s interim order stopped the
implementation of three sections of the new Anti-Counterfeit Act.
The Act was enacted by Parliament in 2008 and President Kibaki assented
to it on December 24, same year. Its objective was to prohibit trade in
counterfeit goods. It was to take effect from July 7, 2009.
Omwanza told the court people using ARV drugs would be arbitrarily
denied access to affordable and essential medication necessary for their
fulfillment of the right to life as enshrined in the Constitution.
"The generic drugs for the treatment of HIV and Aids are available and
affordable compared to the branded version," he argued.
Attorney General Amos Wako said the Act was established to stop
multinationals from importing counterfeit drugs.
In an affidavit filed by an NGO’s official Jacinta Nyachae, the cost of
ARVs will be high if the Act was enforced.
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