Activists spot problem in the Counterfeit Bill
Jan 30, 2010
HEALTH rights organisations have expressed fear that if the bill to fight counterfeits is passed, the majority of medicines in Uganda might be outlawed.
By Ben Okiror
and Juliet Waiswa
HEALTH rights organisations have expressed fear that if the bill to fight counterfeits is passed, the majority of medicines in Uganda might be outlawed.
The organisations, led by Coalition for Health Promotion and Social Development argue that the bill defines generic drugs as counterfeits yet 90% of drugs imported into Uganda are generic.
“A recent World Health Organisation survey showed of all the essential medicines, only 3.5% of health centres had brand names compared to 45.7% for generics,†said the medicines advisor, Denis Kibira.
The activists, speaking at a media sensitisation workshop in Kampala on Thursday, said branded drugs (made by the copyright owners) are up to 50 times more expensive than generics, yet they serve the same purpose.
“Generic medicines are copies of brand-name medicines. They contain the same ingredients as brand-name medicines except that they are produced after the expiry of the patent,†Kibira said.
He added that generics are cheaper than brand drugs because the manufacturers have not incurred the cost of research. The company that discovers a drug is allowed to manufacture it exclusively for 20 years before the generic manufacturers can do so. However, with antiretroviral drugs, the generic manufacturers were given permission to start manufacturing the drugs before the 20 years elapsed.
“If the company fails to lower the price or produce the necessary quantity, the Government is allowed to issue a licence to another company to produce generics,†he explained.
A lawyer of the organisation, Moses Mulumba, said the Counterfeit Goods Bill 2009 was redundant since there are other laws that can be amended to protect consumers against counterfeits. He argued that the Copyright Act, the Trade Mark Act and the Consumer Act protect intellectual property rights – the purpose the Counterfeit Bill is seeking to accomplish. Mulumba said what is more urgent is a counterfeit policy, not a new law.
“The implication of the bill is that generic medicines that enter Uganda or pass through Uganda en route to Rwanda and DR Congo will be seized and returned to the country of origin,†Mulumba said.
This he predicts, will affect the accessibility of the drugs and lead to stock-outs in many medical centres. Even the recently inaugurated Quality Chemicals factory in Luzira will be affected since it is manufacturing generic ARVs.â€
and Juliet Waiswa
HEALTH rights organisations have expressed fear that if the bill to fight counterfeits is passed, the majority of medicines in Uganda might be outlawed.
The organisations, led by Coalition for Health Promotion and Social Development argue that the bill defines generic drugs as counterfeits yet 90% of drugs imported into Uganda are generic.
“A recent World Health Organisation survey showed of all the essential medicines, only 3.5% of health centres had brand names compared to 45.7% for generics,†said the medicines advisor, Denis Kibira.
The activists, speaking at a media sensitisation workshop in Kampala on Thursday, said branded drugs (made by the copyright owners) are up to 50 times more expensive than generics, yet they serve the same purpose.
“Generic medicines are copies of brand-name medicines. They contain the same ingredients as brand-name medicines except that they are produced after the expiry of the patent,†Kibira said.
He added that generics are cheaper than brand drugs because the manufacturers have not incurred the cost of research. The company that discovers a drug is allowed to manufacture it exclusively for 20 years before the generic manufacturers can do so. However, with antiretroviral drugs, the generic manufacturers were given permission to start manufacturing the drugs before the 20 years elapsed.
“If the company fails to lower the price or produce the necessary quantity, the Government is allowed to issue a licence to another company to produce generics,†he explained.
A lawyer of the organisation, Moses Mulumba, said the Counterfeit Goods Bill 2009 was redundant since there are other laws that can be amended to protect consumers against counterfeits. He argued that the Copyright Act, the Trade Mark Act and the Consumer Act protect intellectual property rights – the purpose the Counterfeit Bill is seeking to accomplish. Mulumba said what is more urgent is a counterfeit policy, not a new law.
“The implication of the bill is that generic medicines that enter Uganda or pass through Uganda en route to Rwanda and DR Congo will be seized and returned to the country of origin,†Mulumba said.
This he predicts, will affect the accessibility of the drugs and lead to stock-outs in many medical centres. Even the recently inaugurated Quality Chemicals factory in Luzira will be affected since it is manufacturing generic ARVs.â€