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Generics could be labelled counterfeiters in Kenya

Managing Intellectual Property


Kenya published Anti-Counterfeit Regulations on August 27, implementing the 2008 Anti-Counterfeit Act. How they affect the debate over generic medicines, however, will have to wait for a decision from the High Court. Until then, say John Syekei and Haanee Khan, generic manufacturers should beware the risk of being labelled counterfeiters

The Act's main reform is that it establishes an Anti-Counterfeit Agency, which will coordinate the fight against counterfeits across Kenya. However, the Act does not provide civil remedies, so an aggrieved person must establish infringement of IP law. It also...


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