Chapter

Access to Essential Medicines in Kenya

John Harrington

in Law and Global Health

Published in print May 2014 | ISBN: 9780199688999
Published online August 2014 | e-ISBN: 9780191768118 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199688999.003.0007

Series: Current Legal Issues

Access to Essential Medicines in Kenya

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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

Chapter.  14786 words. 

Subjects: Medical and Healthcare Law

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