Kenyan constitutional court heard on 18 March from the attorney general that a 2008 statute on counterfeit products was constitutional.

Three infected HIV AIDS patient brought a lawsuit in Kenya against a 2009 statute targeting counterfeit products. What is at stake is a broad definition of ‘counterfeit products’ that does not exclude generic drugs. The claimants argue that the new definition of ‘counterfeit goods’ under the statute goes further than Kenya’s international obligations under TRIPS, a significant issue considering that 90% of drugs in circulation in Kenya are generic drugs.

The new statutory definition of counterfeiting is [...]

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