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Category:
Law suits
Region:
Kenya
LAW AGAINST COUNTERFEITS GETS BACKING
Source: Daily Nation
Date: 25-Oct-2008
Author: KABURU MUGAMBI
The proposed Anti-Counterfeit Bill, 2008 continues to elicit mixed reactions, with the Kenya Bureau of Standards supporting its enactment.

The proposed law has been published and will be discussed by the House this week. The bill makes it illegal to posses, manufacture, sell or hire, exhibit distribute and import counterfeit goods.

But Health advocacy groups have strongly opposed some aspects of the bill, saying it contravenes existing policies that have ensured availability of affordable generic drugs.

Generic drugs

But Kebs managing director Kioko Mang'eli said counterfeit medicine should not be confused with generic drugs, which, he noted, are as effective as branded medicine. He said that a generic drug is produced after its manufacturer's patent expires.

"The problem is that they [Bill's opponents] do not want a clear system that works for Kenyans and gives Kenyans a chance to have confidence in the drugs that are brought into the country, whether generic or original," he told the Sunday Nation.

A random survey by the National Quality Control Laboratories and the Pharmacy and Poisons Board in 2004 found out that about 30 per cent of the drugs in Kenya were counterfeit.

In Kenya, sale of counterfeit pharmaceutical products accounts for about Sh9 billion annually. The most damaging effect of the use of counterfeit drugs is in malaria treatment.

"Malaria parasites have developed resistance to standards drugs because patients are taking counterfeit drugs which don't have the right quantities of the active ingredients, or have no active ingredients at all," said GlaxoSmithKline medical and regulatory director William Mwatu.

Dr Mwatu said some counterfeit anti-malarial drugs just contain paracetamol, which is commonly used for the relief of fever, headaches and other minor aches and pains.

Pharmaceuticals, however, are not a standard commodity, since consumers and prescribers are independently unable to assess their quality, safety and efficacy, and the consequences of ineffective regulation can be deadly.

It is traceable

To fight counterfeit medicine, Dr Mang'eli said that once Pharmacy and Poisons Board approves a drug, Kebs will have to confirm its origin and ensure it is traceable.

Until a law is in place, it will remain difficult to fight counterfeits. Those arrested on counterfeit charges are often released after paying a Sh5,000 fine.
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