Pharmacists against move by ACA to regulate medicine imports

TV47 for Tv47 Digital December 13, 2022, 11:16 AM

KPDA against move to regulate medicine imports

In Summary

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 the country.
The new IPRs registration requirement means it will be illegal to import goods for commercial purposes if they bear a trademark, trade name, or copyright that is not recorded in the agency’s database.

The Kenya Pharmaceuticals Distributors Association (KPDA) is accusing the Anti Counterfeit Authority (ACA) of illegally taking over the role to regulate the importation of medicine and other essential medical products.

KPDA has taken issue with the Recordation of Intellectual Property Rights as contemplated in the updated Anti-Counterfeit Act on grounds that the exercise is unconstitutional, and unlawfully in contravention of the competition laws of Kenya.

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 the country.

The new IPRs registration requirement means it will be illegal to import goods for commercial purposes if they bear a trademark, trade name, or copyright that is not recorded in the agency’s database.

In a letter addressed to the Permanent Secretary Ministry of trade, industry and investments 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 KPDA president Dr. Kamamia Wa Murichu.

"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," adds Dr. Kamamia.

Currently medicines are regulated by the Ministry of Health, Pharmacy and Poison Board (PPB).

KPDA says that the proposed changes will increase cost of doing business and severely reduce the ease of doing business.

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.