| dc.contributor.author | Omolo, Joseph | |
| dc.date.accessioned | 2022-01-21T08:42:11Z | |
| dc.date.available | 2022-01-21T08:42:11Z | |
| dc.date.issued | 2021 | |
| dc.identifier.other | https://doi.org/ 10.52907/jipit.v1i1.63 | |
| dc.identifier.uri | http://ir.kabarak.ac.ke/handle/123456789/784 | |
| dc.description.abstract | In 2012, the High Court of Kenya at Nairobi declared Section
2 of the Anti-Counterfeit Act (ACA) unconstitutional because its
enforcement would limit access to affordable and essential drugs
and medicines and thereby undermine the right to life, human
dignity and health as guaranteed under the Constitution of Kenya.
This case review revisits this important judgement by Justice
Mumbi Ngugi with the aim of analysing it for legal soundness.
Further, this review discusses the likely impact of the judgement on
the fight against counterfeit drugs and access to drugs in Kenya. On
the other hand, there will be a comparison between Kenyan legal
system and some foreign laws. The review argues that the judge
applied the wrong legal principles in making her determination,
arriving at a legally flawed conclusion, thereby nullifying the
balance between the rights of intellectual property rights owners
and users as established under the Industrial Property Act. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Journal of Intellectual Property and Information Technology Law | en_US |
| dc.subject | Intellectual Property Rights, | en_US |
| dc.subject | Generic Drugs | en_US |
| dc.subject | Parallel Imports | en_US |
| dc.subject | Proviso | en_US |
| dc.subject | Statutory Interpretation | en_US |
| dc.title | Rethinking Patricia Asero Ochieng and Two Others v. The Attorney General and another | en_US |
| dc.type | Article | en_US |
