A recent study conducted by the Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN) has shed light on the negative impact of evergreening on access to HIV treatment in Kenya. Evergreening, a practice where pharmaceutical companies extend patent protection for their drugs by making minor modifications, was found to hinder access to affordable medications and particularly ARVs which are crucial for HIV treatment. The study revealed how pharmaceutical companies exploit evergreening strategies to delay the entry of generic versions into the market and ultimately hindering innovation and access to essential medicines for vulnerable populations.
Through an examination of the intellectual property landscape surrounding pharmaceuticals, the study documented cases of patent extension among ARVs listed in Kenya’s Essential Medicine List (EML). It highlighted the prevalence of evergreening practices within the African Regional Intellectual Property Organization (ARIPO) member states including Kenya and identified gaps in the country’s Industrial Property laws. These findings emphasized on the urgent need for policy reforms to address evergreening and ensure fair competition in the pharmaceutical industry.
The study showed that implications of evergreening extend beyond access to HIV treatment but also affecting innovation, treatment options and financial burden on the government and patients. Recommendations proposed included policy reforms, improved coordination among government bodies involved in trade negotiations, accountability mechanisms to prevent evergreening practices and the incorporation of essential flexibilities provided by the TRIPS Agreement into Kenya’s IP laws.
By fostering partnerships between government ministries and stakeholders as well as advocating for equitable access to medicines and promoting transparency in trade negotiations, the study aims to mitigate the adverse effects of evergreening and ensure access to essential pharmaceutical commodities in Kenya and across the East African Community (EAC) member states.
Read the full study report here.
For more information, reach out to:
Duke Otieno
Advocacy Officer- Intellectual Property and Access to Medicine
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Kuwinda Lane, Karen C, off Langáta Road
