NOTES: 1.- See Patrick Orege, The Need for Antiretrovirals, Sunday Standard (Nairobi), August 29, 2004, P. 20. back to text 2.- See Noel Wandera, New Health Plan to Benefit Aids Patients, East African Standard (Nairobi), national news section, 27 August 2004, p. 4. 3.- See Daily Nation Article, August 27, 2004. back to text 4.- See the Kenya AIDS Monitoring Initiative (KAWI) on the www.kenyaaidinstitute website. (last time on October 22, 2004). Back to text 5.- Ibid. Back to text 6.- Ibid. back to text 7.- Aspects of TRIPS and the patent problem regarding access to AIDS drugs in Kenya have been identified in three of my studies: Ben Sihanya, Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy of Intellectual Property, JSD (doktor) essay, Stanford Law School, 2003 (Book, 2005); Ben Sihanya, TRIPS and Access to Drugs, Food and the Relevant Technologies in Kenya: Reforming Intellectual Property and Trade Laws for Sustainable Development, research report for EcoNews Africa (Nairobi), on addressing the impact of the intellectual property regime under the TRIPS Agreement preparations for the Cancn WTO meeting, 2003; Ben Sihanya, Patent Wars Raging over Aids Cure, Daily Nation, Opinion: Pandemic, 17 dec.
2003, 9. See Arthur Okwemba, Kenya Now Producing Aids Drugs: But Subtle Pressure Is already Being Put On Government to Stop Licensing, Daily Nation, Horizon, Science/Technology/The World of Ideas, April 1, 2004, p. 23-4; Correspondent, Move by Pharmaceuticals Could Limit US Funding, ebd., 23. back to text 8.- It is significant, though ironic, that the 1989 law was enacted in part to protect Kenyan scientists and the Kenya Medical Research Institute (KEMRI) before claiming that they had invented an AIDS drug, Kemron. Back to text 9.- See art. 28, 30, 31, 32 of the TRIPS agreement and Part VII (cf. 53-59) of the 2001 IAP (on the rights of the patent holder). See Mboi Misati, Senior Patent Examiner, Kenya Industrial Property Institute (KIPI), The TRIPS Agreement and Access to Essential Medicines in Kenya, paper presented at a seminar on Intellectual Property Rights in Health Research and Development, organized by the Kenya Medical Research Institute (KEMRI), 24-25 Feb. 2004. Return to Text 10.- Easing the patent regime would mean repealing certain rules for the use of a patent without the consent of the owners. These include the rejection of the production of the article in reasonable quantities, which implies Article 31 (f) of the AGREEMENT ON TRIPS. And Kenya has committed to amending this article.
See Misati, ADPIC agreement. Back to text 11.- Ibid. back to text 12.- See Angene Wilson, Good News about AIDS-Case Countries: Lesotho, Kenya, Malawi and South Africa, available at www.rpcr.org (available August 24, 2004). Back to text 13.- Ibid.- back to text 14.- For the search for a solution, see below. Back to Text 15.- Discussions included product coverage, advantageous importing member, authorized supplier, technology transfer, importance of the internal market, legal mechanisms, transitional period, exclusive marketing rights and non-counterfeiting claims. Back to text 16.- Nelson Ndirangu, Kenya`s trade attaché in Geneva, on behalf of the African Group. Return to Text 17.- The decision was adopted by the General Council in light of a statement by the President of the African Group; it is in Wto Job (03)/177. This statement was reproduced in the General Council minutes as WT/GC/M/82.