Book contents
- Frontmatter
- Contents
- Acknowledgements
- List of abbreviations
- Introduction
- 1 Dispute settlement between developing countries: Argentina and Chilean price bands
- 2 Argentina and GATS: a study of the domestic determinants of GATS commitments
- 3 Rock ‘n’ roll in Bangladesh:protecting intellectual property rights in music
- 4 Barbados: telecommunications liberalization
- 5 Services commitments: case studies from Belize and Costa Rica
- 6 Inter-agency policy co-ordination in Botswana
- 7 Brazil and the G20 group of developing countries
- 8 Cambodia's accession to the WTO: ‘fast track’ accession by a least developed country
- 9 Canada and the WTO: multilevel governance, public policy-making and the WTO Auto Pact Case
- 10 The SPS Agreement and crisis management: the Chile–EU avian influenza experience
- 11 Shanghai's WTO Affairs Consultation Center: working together to take advantage of WTO membership
- 12 Costa Rica's challenge to US restrictions on the import of underwear
- 13 Fiji: preparing for the end of preferences?
- 14 The road to Cancún: the French decision-making process and WTO negotiations
- 15 Decision-making processes in India: the case of the agriculture negotiations
- 16 Protecting the geographical indication for Darjeeling tea
- 17 The Indian shrimp industry organizes to fight the threat of anti-dumping action
- 18 Indonesia's shrimp exports: meeting the challenge of quality standards
- 19 Patents, parallel importation and compulsory licensing of HIV/AIDS drugs: the experience of Kenya
- 20 Kenya's participation in the WTO: lessons learned
- 21 Learning by doing: the impact of a trade remedy case in Korea
- 22 Laos: the textile and garment industry in the post-ATC era
- 23 Malawi in the multilateral trading system
- 24 Malaysia: labelling regulations on natural rubber condoms and the WTO TBT Agreement
- 25 Malaysia: strategies for the liberalization of the services sector
- 26 Mauritius: co-operation in an economy evolving for the future
- 27 How regional economic communities can facilitate participation in the WTO: the experience of Mauritius and Zambia
- 28 Mexico's agricultural trade policies: international commitments and domestic pressure
- 29 Mongolia's WTO accession: expectations and realities of WTO membership
- 30 Nepal: the role of an NGO in support of accession
- 31 Nepal: exports of ayurvedic herbal remedies and SPS issues
- 32 Import prohibition as a trade policy instrument: the Nigerian experience
- 33 The Pacific island nations: towards shared representation
- 34 Victory in principle: Pakistan's dispute settlement case on combed cotton yarn exports to the United States
- 35 Pakistan: the consequences of a change in the EC rice regime
- 36 Philippines: stakeholder participation in agricultural policy formation
- 37 Philippines: adopting the transaction basis for customs valuation
- 38 The reform of South Africa's anti-dumping regime
- 39 The impact of GATS on telecommunications competition in Sri Lanka
- 40 Thailand: conciliating a dispute on tuna exports to the EC
- 41 Uganda's participation in WTO negotiations: institutional challenges
- 42 Uruguay in the services negotiations: strategy and challenges
- 43 Vanuatu's suspended accession bid: second thoughts?
- 44 Public and private participation in agricultural negotiations: the experience of Venezuela
- 45 Preparation by Vietnam's banking sector for WTO accession
- Index
19 - Patents, parallel importation and compulsory licensing of HIV/AIDS drugs: the experience of Kenya
Published online by Cambridge University Press: 05 December 2011
By
Book contents
- Frontmatter
- Contents
- Acknowledgements
- List of abbreviations
- Introduction
- 1 Dispute settlement between developing countries: Argentina and Chilean price bands
- 2 Argentina and GATS: a study of the domestic determinants of GATS commitments
- 3 Rock ‘n’ roll in Bangladesh:protecting intellectual property rights in music
- 4 Barbados: telecommunications liberalization
- 5 Services commitments: case studies from Belize and Costa Rica
- 6 Inter-agency policy co-ordination in Botswana
- 7 Brazil and the G20 group of developing countries
- 8 Cambodia's accession to the WTO: ‘fast track’ accession by a least developed country
- 9 Canada and the WTO: multilevel governance, public policy-making and the WTO Auto Pact Case
- 10 The SPS Agreement and crisis management: the Chile–EU avian influenza experience
- 11 Shanghai's WTO Affairs Consultation Center: working together to take advantage of WTO membership
- 12 Costa Rica's challenge to US restrictions on the import of underwear
- 13 Fiji: preparing for the end of preferences?
- 14 The road to Cancún: the French decision-making process and WTO negotiations
- 15 Decision-making processes in India: the case of the agriculture negotiations
- 16 Protecting the geographical indication for Darjeeling tea
- 17 The Indian shrimp industry organizes to fight the threat of anti-dumping action
- 18 Indonesia's shrimp exports: meeting the challenge of quality standards
- 19 Patents, parallel importation and compulsory licensing of HIV/AIDS drugs: the experience of Kenya
- 20 Kenya's participation in the WTO: lessons learned
- 21 Learning by doing: the impact of a trade remedy case in Korea
- 22 Laos: the textile and garment industry in the post-ATC era
- 23 Malawi in the multilateral trading system
- 24 Malaysia: labelling regulations on natural rubber condoms and the WTO TBT Agreement
- 25 Malaysia: strategies for the liberalization of the services sector
- 26 Mauritius: co-operation in an economy evolving for the future
- 27 How regional economic communities can facilitate participation in the WTO: the experience of Mauritius and Zambia
- 28 Mexico's agricultural trade policies: international commitments and domestic pressure
- 29 Mongolia's WTO accession: expectations and realities of WTO membership
- 30 Nepal: the role of an NGO in support of accession
- 31 Nepal: exports of ayurvedic herbal remedies and SPS issues
- 32 Import prohibition as a trade policy instrument: the Nigerian experience
- 33 The Pacific island nations: towards shared representation
- 34 Victory in principle: Pakistan's dispute settlement case on combed cotton yarn exports to the United States
- 35 Pakistan: the consequences of a change in the EC rice regime
- 36 Philippines: stakeholder participation in agricultural policy formation
- 37 Philippines: adopting the transaction basis for customs valuation
- 38 The reform of South Africa's anti-dumping regime
- 39 The impact of GATS on telecommunications competition in Sri Lanka
- 40 Thailand: conciliating a dispute on tuna exports to the EC
- 41 Uganda's participation in WTO negotiations: institutional challenges
- 42 Uruguay in the services negotiations: strategy and challenges
- 43 Vanuatu's suspended accession bid: second thoughts?
- 44 Public and private participation in agricultural negotiations: the experience of Venezuela
- 45 Preparation by Vietnam's banking sector for WTO accession
- Index
Summary
The problem in context: patent issues in access to AIDS drugs in Kenya
Patents, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Kenya's Industrial Property Act, 2001 have been singled out as the main scapegoats in the problem of accessing AIDS drugs in Kenya. This has prevented the pursuit of a more realistic national health policy and strategy to address the problem. Remarkably, AIDS related deaths are also associated with limited care and support. AIDS is generally undermining Kenya's survival, development, productivity and competitiveness.
The daily number of deaths in Kenya from AIDS has reached about 300, and Dr Patrick A. Orege, the Director of the National AIDS Control Council (NACC), reports that there are 1.5 million people living with HIV/AIDS (PLWHA) in Kenya. Another report, by Noel Wandera, puts the PLWHA figure at 1.2 million. The reporting and computation of AIDS-related deaths is controversial; there are indications that as compared with other African countries, and even in absolute terms, infection rates in Kenya may actually be declining.
Remarkably, a publication issued in August 2004 by the African Civil Society Governance and AIDS Initiative (GAIN), ‘HIV/AIDS, Democracy and Governance in Africa’, states that recent statistics published by UNAIDS on HIV prevalence show that ‘previous estimates appear to have been too high’.
The document goes on,
There have recently been suggestions that even the lower figure for HIV numbers in Africa is too high, and that the real figure may be as much as 25% lower.[…]
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- Managing the Challenges of WTO Participation45 Case Studies, pp. 264 - 283Publisher: Cambridge University PressPrint publication year: 2005
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