4 - Incorporating a Model of Human Rights into the Adjudication of Pharmaceutical Patent Cases (Part One)

Summary

This chapter is structured into three main sections. Section 4.2 provides a brief overview of the legal framework on pharmaceutical patent law in Kenya. Section 4.3 deals with the key issue in this chapter, that is, the incorporation of a model of human rights into the adjudication of disputes involving pharmaceutical patent rights by courts in Kenya. Section 4.4 examines whether, in the light of Article 40(5) of the Kenyan Constitution which provides that the state ‘shall support, promote and protect the intellectual property rights of the people of Kenya’, intellectual property rights can be considered as a human right in Kenya. The chapter concludes with the view that it is essential for courts seeking to protect the right of poor patients to have access to affordable medicines to incorporate a model of human rights when they adjudicate disputes involving pharmaceutical patent rights.