Kenyan sues British AIDS team for theft

One of the issues that is not always apparent in the HIV/AIDS field is that of Intellectual Property Rights. The field of research is often as fiercely competitive as the business sector. AIDS is an area under close scrutiny by the scientific community and is no stranger to controversy as seen here.

The following story appeared in the Daily Nation newspaper on June 5th, 2004.

available at:

http://www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=9185

Story by JILLO KADIDA

Kenyan researcher has sued Oxford University and eight British scientists for fraud and theft.

The lawsuit by Dr Moses Otsyula of the Institute of Primate Research arises from controversial Aids research involving the Nyumbani Children's Home in Karen, Nairobi.

In his plaint, filed in the High Court by Lumumba and Mumma Advocates, Dr Otsyula says the scientists stole his materials, data and ideas on research he was carrying out at the home.

He wants the court to compel the British university and the scientists to return blood samples and research materials allegedly stolen from a laboratory at the home, which caters for children with HIV.

Dr Otsyula says scientists Sarah Rowland-Jones, Rana Chakraborty, Jedediah R. Dixon, Gareth Ress, Dimitra Bourboulia, Alexandra M. Cross, Chris Boshoff and Paul Klenerman exported his research materials to Oxford University without his consent.

The Kenyan scientist said he decided to conduct research after it was found that some of children at Nyumbani survived for long with the HIV, the virus that causes Aids.

Dr Otsyula preserved blood samples obtained from the children between 1996 and 2001.

In January 2001, the National Council of Science and Technology allowed him to conduct research into the immune responses of the children..

Dr Otsyula says that, on diverse dates between March and June 2001, while he was on a trip to Harvard University to seek the institution's collaboration in the research, British scientists Chakraborty and Dixon came to Kenya and took blood samples from children at Nyumbani. The two, who were then research students attached to the laboratory of Ms Jones, took the samples to the UK.

He says the scientists converted his research ideas and data to their own use and benefit. They did this by conducting allegedly unlawful research using the blood samples and data between 2001 and 2004. They also copyrighted the research findings as co-authors.

Dr Otsyula says the research was clandestine and had not been authorised by the Government. The researcher is also seeking damages.

Read More about HIV/AIDS research controversies in Kenya here>>>