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Law and Global HealthCurrent Legal Issues Volume 16$
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Michael Freeman, Sarah Hawkes, and Belinda Bennett

Print publication date: 2014

Print ISBN-13: 9780199688999

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199688999.001.0001

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Access to Essential Medicines in Kenya

Access to Essential Medicines in Kenya

Intellectual Property, Anti-Counterfeiting, and the Right to Health

Chapter:
(p.94) 5 Access to Essential Medicines in Kenya
Source:
Law and Global Health
Author(s):

John Harrington

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199688999.003.0007

This chapter examines the conflict between the right to health and the worldwide move to strengthen intellectual property enforcement with regards to access to medicines. It considers a recent ruling by the Kenyan High Court that anti-counterfeit legislation was unconstitutional in the context of the right to health enshrined in the country’s new constitution. The chapter discusses the background to the case and argues that the Court’s ruling was justified by oversights and exclusions in the process of parliamentary deliberation which led to the passing of the legislation.

Keywords:   intellectual property, Kenyan constitution, health policy, global health

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