Kenya Pharmaceuticals Distributors Association Faults Move By ACA to Regulate Medicine Imports
Kenya Pharmaceuticals Distributors Association is faulting the Anti Counterfeit authority for usurping powers that will see it regulate the importation of medicine and other essential medical products.
The Anti Counterfeit Authority (ACA) had sought to introduce mandatory changes that would have seen firms register their intellectual property rights (IPRs) on all goods to be shipped into Kenya.
The new IPRs registration requirement means it will be illegal to import goods into Kenya for commercial purposes if they bear a trademark, trade name, or copyright that is not recorded in the State agency’s database.
However, in a letter seen by The Star, KPDA has now raised objections on the Recordation of Intellectual Property Rights as contemplated in the updated Anti-Counterfeit Act on grounds that the exercise is unconstitutional, is unlawfully in contravention of the competition laws of Kenya.
The letter addressed to the Permanent Secretary Ministry of trade, industry and investments the KPDA says the country is heavily dependent on many medicines that are unbranded, or whose trademarks, for economic reasons, are not registered in Kenya.
“Prohibition of the importation of these products will severely prejudice the people of this Republic to poor quality health services characterised by poor supply of essential medicines,” said Dr. Kamamia Wa Murichu the President, Kenya Pharmaceutical Distributors Association (KPDA)
Currently medicines are regulated by the Ministry of Health, Pharmacy and Poison Board (PPB).
This includes registration, importation licensing, declaration of quantities, and declaration of values.
“We have been informed that the Anti-Counterfeit Authority will require distributors of medicine to buy excise stamps or something similar and affix them to all medicines imported into Kenya,” added Dr. Murichu.
He says this equates to a cruel way to treat the sick and the dying by charging them a sin tax.
KPDA argues that the proposed changes will increase cost of doing business and severely reduce the ease of doing business in Kenya.
According to KPDA, the Anti Counterfeit Authority proposes to prohibit legitimate trade in essential medicine by its restriction of the sale of unbranded non-proprietary medicines and medicines which are no longer the subject Intellectual Rights.
In the law is to take effect from January 2023, the penalty for a first-time offender is three times the value of the prevailing retail price of the goods while a subsequent offender will be penalised five times the value of the prevailing price of the products.
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