Use of Trips Flexibility in Promoting Access to Essential Medicines in Kenya

Abstract

This study examines legal flexibilities in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), particularly those designed to secure access to essential medicines in Low and Middle-Income Countries such as Kenya. Kenya grapples with a high disease burden of communicable diseases such as HIV/AIDS, malaria and tuberculosis. Diseases such as these are likely to cause nation-wide epidemics and are usually too expensive to treat in LMICs. The WHO has developed a Model List of Essential Medicines to assist countries in prioritizing public health needs. The study examines international and Kenya’s legal frameworks which implement public health related TRIPS flexibilities. To analyze the problem, research data was collected from an organization working with People Living With HIV/AIDS (PLWHAs), government institutions that deal with essential medicines and a comparative study of India as a best practice done, to observe how best Kenya can give effect to the legal provisions governing TRIPS flexibilities. The research data generated indicates that Kenya’s domestic legislation is largely consistent with TRIPS since joining the WTO in 1995. However, in practice, use of TRIPS flexibilities to attain public health objectives in Kenya is still lagging behind. This study investigates barriers to full utilization of public health related TRIPS flexibilities in Kenya and makes recommendations