Access to essential medicines in Kenya: Intellectual property, anti-counterfeiting and the right to health

Harrington, John ORCID: https://orcid.org/0000-0003-0957-3334 2014. Access to essential medicines in Kenya: Intellectual property, anti-counterfeiting and the right to health. Freeman, Michael, Hawkes, Sarah and Bennett, Belinda, eds. Law and Global Health. Current Legal Issues, Vol. 16. Oxford: Oxford University Press, (10.1093/acprof:oso/9780199688999.003.0007)

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Abstract

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.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics Law
Subjects:	K Law > K Law (General)
Publisher:	Oxford University Press
ISBN:	9780199688999
Related URLs:	http://www.oupcanada.com/catalog/9780199...
Last Modified:	28 Oct 2022 10:30
URI:	https://orca.cardiff.ac.uk/id/eprint/78636

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