Brazil and India continue challenging at the World Trade Organization (WTO) the European seizures of generics drugs in transit
Facts that triggered the WTO consultation
During 2008 and 2009 several consignments of drugs in transit that were neither counterfeited nor protected by patents in the countries of origin were stopped and seized at Dutch airports.
Almost all were exported from India and with final destination Brazil as well as other countries in Latin America and Africa.
Similar events happened in other few European locations and in all these cases the drugs were protected only in the respective European country of transit by patents or supplementary protection certificates.
Those facts triggered sensible claims raised by certain public and private non-for-profit organizations as well as diplomatic tensions among the countries involved, which ultimately resulted in India and Brazil submitting separate request for WTO Consultation on May 2010, which was accepted by the EU the same month.
This WTO case is very important because it has not been common to see developing countries acting as claimants against developed countries or regions alleging the violation of TRIPs. In their complaint, those two countries are attacking local regulations of the Netherlands and, more importantly, the European regulation on Border Measures. India and Brazil based their positions on certain provision of TRIPs, GATTs and the WTO “Paragraph 6 system”.
So far there has been two rounds of negotiations between India and the EU but no amicable solution has been reached by these countries, however, some non official reports have appeared on certain websites stating that India would withdrawn its complain and the EU would modify certain provision of its Border Measures Regulation.
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