Anti-counterfeiting and access to generic medicines in Kenya : reviewing Patricia Osero Ochieng & 2 Others v Attorney General (2012)

Abstract

On April 20, 2012, the Kenyan High Court delivered a ground-breaking decision that will, inter alia, enhance national, regional and international efforts aimed at improving access to affordable and essential medicines, including generics for people living with HIV. Indeed, the Patricia Ochieng case has been described as ‘precedent-setting’ and a ‘trail-blazer’ by both activists and academicians insofar as access to generic medicines is concerned in the context of anti-counterfeiting legislations.