Browsing by Author "Kamugisha, Grace Kazoba"

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    Legal and institutional framework for combating the prevalence of counterfeit and substandard pharmaceuticals in Tanzania
    (University of Dar es Salaam,, 2012) Kamugisha, Grace Kazoba
    Various reports have indicated thal there arc counterfeit and substandard drugs in Tanzania to the detriment of consumers' rights. The problem is mainly perpetrated by the traditional interpretation and application of intellectual property (IP) law. This is because IP law does not directly recognize consumers as having a right of action while it mandates a possibility of different definitions of especially counterfeit medicines under various legal systems and legislation among other problems. This looked at, in the context of trade liberalization policies including in the East African Community (EAC) context and within the framework of the EAC's Customs Union Protocol, which encourages free movement of goods and services, while different states have different definitions, can be seen as a potential legal impediment towards Tanzania curbing counterfeit pharmaceuticals. On the other hand a myriad of measures to address the problem of medicines’ counterfeiting have sometimes traversed the boundaries and interfered with legitimate measures designed to facilitate access to affordable drugs. The study was qualitative in nature. It employed documentary review and field research methods. In its analysis it employed IP law as a major theoretical framework and where relevant it referred to international trade and the human rights based approach including human rights law. The major key findings of the study were that in Tanzania there are counterfeit and substandard pharmaceuticals which affect consumers’ rights to health, life and information. There are no appropriate and adequate measures to address the menace. IP related legal framework does directly recognize the interests of consumers and it does not facilitate access to affordable and ‘quality* medicines. This should be addressed as a human rights issue.