Intellectual Property Enforcement and Counterfeit Pharmaceutical Products in Zanzibar: An Appraisal of Legal and Institutional Framework

Abstract

Intellectual Property Rights (IPR) commonly known as the legal rights which emanate from intellectual activity in the industrial, scientific, literary and artistic field. Intellectual Property Rights guarantee the innovators and creators to obtain a fair return from the work done, encourage investment in research, create growth and quality jobs, and highly contribute the development of country economy. IPR also contribute to the health and safety by allowing the consumers to make informed choices about the products they want to buy. The WIPO and WTO have acknowledged the need to protect innovators, creators as well as consumers in order to ensure that creativity and innovation continue to be safe and major drivers of growth. In this context in 1995, they established TRIPs Agreement which required state parties to provide provisions against infringement of the right of innovators and creators (i.e. counterfeit and piracy) in their national laws as a priority area in the protection of the IP rights. Currently, counterfeit of medicine may exceed of the genuine products of the World Trade. It is very important to recognise that Counterfeiting is the world‟s greatest form of theft; which is not only deceive consumers but also damage the reputation of the genuine manufacturer. Badly counterfeit medicines cause diseases and public health problem. It is observed that there are number of factors that contribute the existence of counterfeit medicine. Some studies show that the global efforts to deal with counterfeits have not been successful because trade laws and regulations are inadequate and inefficient. And some researchers aver that some of the national legal instruments do not provide for adequate protection and enforcement against counterfeits. It is also advocated that the TRIPS Agreement (Agreement on Trade Related Aspects of Intellectual Property Rights) provisions be locally incorporated in most of national law to address this inadequacy. Zanzibar like any other nation around this modern world, counterfeit medicine is a problem in its domestic market; therefore, the researcher came up with this study to undertake the appraisal of the legal and institutional frameworks to ascertain if they are sufficient to prohibit counterfeit pharmaceuticals in Zanzibar; the study will also identify the gaps, if any, that hinder the elimination of the problem, and finally suggest possible ways that may influence the government to enactment or otherwise amendment the laws, or repealing and replacement the laws which are against counterfeiting of pharmaceuticals product.