HIV/AIDS drug fears stop Kenya reform

Kenya's parliament has rejected amendments to its patent law, under pressure from HIV/AIDS campaigners who claimed that the changes would have threatened local access to antiretroviral drugs. The proposals were intended to bring the African nation into compliance with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Supporters of the reforms, including drugmakers, noted that, under the WTO arrangements, developing countries such as Kenya could issue compulsory licenses to import generic drugs for HIV/AIDS. Where no agreement can be reached with the patent holder, the Kenyan government would even have the right to authorize local production of such drugs in a "public health emergency" situation.

Critics, including the United Civil Society Coalition Against HIV/AIDS, Tuberculosis and Malaria, pointed out that the reforms were presented to the parliament, despite their rejection by the Ministry of Health's committee that was tasked with evaluating them. Martha Karua, the country's Justice and Constitutional Affairs Minister, said that "the government has taken note of the concerns raised by the public over the proposed amendments."