India eu seizure of generic medicines

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India eu seizure of generic medicines

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First, some details on the specific actions: A A shipment of the generic drug Losartan Potassium, produced in India and destined to Brazil, was seized when in transit at Schipol Airport, in the Netherlands, in Decemberand later returned to the country of origin.

Based on complaints of suspected infringement by alleged owners of patents or supplementary protection certificatesover the last two years, customs authorities in the Netherlands have seized a substantial number of consignments of generic medicines from India in transit through the Netherlands, including the aforementioned shipment of Losartan Potassium destined to Brazil.

The main legal provisions at issue are: Such a maximalist agenda drives another paradigm shift in the international IP regime today. While maximalists employ several methods to promote their agenda, this work seeks to study the case of European border enforcement law Council Regulation EC No.

The discussion concludes with some comments on broader issues of global justice and the WTO that are raised by the European law and its enforcement affecting access to medicines in developing countries.

India eu seizure of generic medicines

Freedom of Transit and Trade in Generic Pharmaceuticals: A recent dispute involving the suspension of release of a consignment of generic drug in transit from India to Brazil by Dutch Customs raises some important issues for the future of the international intellectual property regime.

The dispute is only too timely as some countries resort to bilateralism and Free Trade Agreements for extending intellectual property protection beyond the minimum contained in TRIPS. It provides a classic stage for studying the conflict of interests between developing and developed countries on the issues of access to medicine and standard of protection, and thus deserves closer and independent scrutiny of facts and law.

On a cursory glance EC Regulationwhich provides for border enforcement of rights in cases of patent infringement, seems to be in consistence with the TRIPS Agreement. This conclusion, however, rests on a contextual interpretation, which as this work argues, is provided by the Doha Declaration on Public Health and TRIPS and the subsequent Decision to implement paragraph 6 of the Declaration.

India eu seizure of generic medicines

The analysis deals with the interpretation of Articles 51 and 52 of the TRIPS Agreement besides addressing the possibility of using the language of the Agreement itself as providing "ceilings" for maximum protection. The work offers some policy and symptomatic recommendations, but, and perhaps more importantly, shows how the incident serves as another litmus test for testing the efficacy of the intellectual property regime under the TRIPS and the promise of a "balance" the Doha Declaration had promised.

And a short piece from the South Centre:caninariojana.com is an internet portal on Intellectual Property Rights (IPRs) and Sustainable Development. It contains a selection of relevant online documents and resources related to IPRs and sustainable development including a guide to IPRs, proposals submitted to the WTO, discussion papers classified by topics, a calendar of IPRs related events, latest news on IPRs, and links to listservs.

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India and the European Union (EU) have reached an interim settlement on the long pending issue of seizure of Indian generic drug shipments at the EU ports, en route to Latin American and other countries, on charges of counterfeiting and patents infringement.

SETTLEMENT OF INDIA/EU WTO DISPUTE RE SEIZURES OF IN-TRANSIT MEDICINES: WHY THE PROPOSED EU BORDER REGULATION ISN‟T GOOD ENOUGH Professor Brook K. Baker1 ABSTRACT European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India .

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India's complaint against the European Union on the unjust seizure of cheap generic drug consignments meant for Latin America and African nations has received a boost, with the World Health.

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