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Kenya: High Court puts right to health above intellectual property

Kenya is celebrating after a landmark judgment on 20 April ruled that sections of the Anti-Counterfeit Act 2008 will not apply to generic medicines – protecting access to affordable treatment.

The case, which was filed by three people living with HIV and has been ongoing since 2009, challenged the aspects of the Anti-Counterfeit Act 2008 that confused counterfeiting with patent infringement, therefore threatening the importation of the generic medicines, including ARVs for people living with HIV.

In her judgment, Lady Justice Ngugi ruled that intellectual property should not override the right to life, right to health and right to human dignity outlined in the Constitution of Kenya 2010. Patent holders will therefore not be able to use the act to legitimately block the import of generic medicines, as was feared by the petitioners.

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Treatment Access / India: Indian groups welcome price busting CL issued by Patent Controller

elhi/Mumbai, 13 March 2012 – Indian health groups are rejoicing at the announcement of the first compulsory licence (CL) issued by the Controller of Patents on 12 March 2012. The CL has been granted in response to an application filed by generic manufacturer Natco Pharma nine months ago requesting authorization to make and sell generic versions of the cancer medicine, sorefanib tosylate. CL provisions are among the major health safeguards in India’s patent law.

The first CL comes at a time when more and more medicines are being patented in India. The real impact of the World Trade Organisation (WTO) mandated patent system is starting to be felt now in India.

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LGBT: Consultation on Human Rights of LGBTI Refugees

The Double Jeopardy Partnership launched a consultation about the international protection of lesbian, gay, bisexual, transgender and intersex (LGBTI) refugees and asylum seekers. The consultation seeks to gain views from individuals and organisations, on a draft declaration of human rights, which will represent a call to action for governments across the world

The Double Jeopardy Partnership is a coalition of UK and international organisations committed to promoting and protecting the welfare of this very vulnerable and persecuted group.  The partnership includes UK Lesbian & Gay Immigration Group, MBARC, Metro, the University of Greenwich and International Lesbian, Gay Bisexual, Trans and Intersex Association. The Partnership was established in 2010 following a conference focussed on the experiences of asylum seekers and refugees fleeing persecution as result of their sexual orientation or gender identity. To participate in the consultation and find out more about the Double Jeopardy 2012 Conference please go to http://www.lgbtiasr-doublejeopardy.org/CONFERENCE_2012/HOMEPAGE.html

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South Africa: Al Jazeera faces protest over HIV positive journalist

A small group of activists picketed outside the Johannesburg offices of the Qatari news network, Al Jazeera, this week to demand the reinstatement of a South African journalist who was dismissed solely because of his HIV-positive status.

About 100 activists chanted and sang outside the offices of Al Jazeera, in Johannesburg. They were a small group, but they represented powerful civil society organisations - two of the country's powerful trade unions, COSATU and FEDUSA, campaign group Treatment Action Campaign and social rights movement, Section 27. Their message was also very clear, as articulated through a loud-hailer by the Treatment Action Campaign's Nokhwezi Hoboyi in a memorandum delivered to Al Jazeera's Johannesburg offices.

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RUSSIA: Government Shuts HIV-Prevention Group’s Website

(Moscow, February 8, 2012) – The Russian government’s anti-drugs agency has ordered the blocking of the website of a public health organization, the Andrey Rylkov Foundation, for discussing the addiction medicine methadone, human rights groups said today. The move is an assault on freedom of expression in the midst of pro-democracy protests, the groups said.

The order from the Federal Drug Control Service (FSKN) Moscow Department went into effect on February 3, 2012. The order claims the move is due to the “placement of materials that propagandize (advertise) the use of drugs, information about distribution, purchasing of drugs and inciting the use of drugs.”

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KENYA: Safety of sex workers and gay people

The Global Network of Sex Work Projects condemns the current situation of sex worker activists in Kenya and the harassment being experienced by human rights defenders in Nairobi.

On Thursday, February 2nd– progressive civil society organisations in Nairobi marched to voice their concern around the harassment and violation of the rights of marginalised persons such as street families, hawkers, LGBTI communities and sex workers, by the Nairobi City Council.

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