Border measures

European Union and a Member State — Seizure of Generic Drugs in Transit: Request for Consultations by India (DS408/1) and Brazil (DS409/1), 19 May 2010 WTO

The dispute concerns the questions whether the seizure of goods in transit as border measures for enforcement of intellectual property rights is compatible with the TRIPS Agreement and GATT rules on freedom of transit, among others.  Although a request for consultation was made by two complainants, the dispute was amicably resolved between the parties.

Patricia Asero Ochieng, Maurine Atieno and Joseph Munyi v The Republic, (High Court of Kenya, 20 April 2012)

The Kenyan High Court found that certain provisions of the Kenyan 2008 Anti-Counterfeit Act violate the right to life, human dignity and health as guaranteed under the Kenyan Constitution. The Court obliged the Kenyan Government to reconsider a provision of the Act to remedy the situation.