IP rights related to medicine - are IP rights an impediment for accessing essential medicines in Kenya

Abstract

This research paper intends to demonstrate that essential medicines on patent do pose a barrier to access in terms of affordability. The research undertaken provides some empirical evidence on the prices of essential medicines that are on patent. The focus of this is to show how patented medicines when sold in generic forms often prove to be much cheaper than the original form of medicines. The research, then, delves into the various agreements and laws such as the TRIPS agreement and the Industrial Property Act that provide for flexibilities such as compulsory licensing. The research then discusses how Kenya needs to make its IP rights regime more transparent and the need for putting up measures to prevent situations of ever greening. In conclusion IP rights do pose a barrier to access for essential medicines since branded medicines are much more expensive then generic medicines.