Counterfeit Drugs - Uganda may follow in Kenya’s footsteps to the dismay of India
17/03/2009

Uganda is considered to be the fourth largest importer of generic drugs from India, with Africa accounting for 14% of India’s US$8 billion export of medicines.

The Ugandan Anti-Counterfeit Bill, which is currently being discussed, is similar to the Kenyan one which caused a major uproar when it was accepted by the Kenyan government. It is currently awaiting signature by the president of Kenya.

In both Bills, the term “counterfeiting” is defined as the manufacture, production, packaging, re-packaging, labelling or making, whether in the country or elsewhere, without the authority of the owner, of any intellectual property right subsisting in the country or elsewhere. It is argued that this definition would result in medicines produced and imported from India (no patent protection) into Uganda (no patent protection) as counterfeit if there was patent protection in any other part of the world.

The Bill also intends to make transit or trans-shipment of counterfeit goods illegal and allows border measures against such goods.

As a result of the above, the Indian Pharmaceutical Alliance is up in arms and maintains that the countries have been influenced by multinational lobbyists. It also maintained that if the Bills were to be enacted, then India would be deprived of its export market.
Alexis Apostolidis
Partner
alexis-a@adamsadams.co.za
Adams & Adams