[Ip-health] Press advisory on NGO letters to WHO and WTO on Dutch seizures of generic medicines

[James Love]

http://www.keionline.org/blogs/2009/02/19/ngo-letters-to-who-wto-on-dutch-s=
eizure/

Press Advisory on NGO letters to WHO and WTO on topic of Dutch seizures
of generic medicines in-transit from India to Brazil, Colombia and Peru
By thiru, on February 19th, 2009

February 19, 2009

Press Advisory on NGO letters to WHO and WTO on topic of Dutch seizures
of generic medicines in-transit from India to Brazil, Colombia and Peru.

In response to news about four seizures of generic medicines
manufactured in India and shipped through the Netherlands in route to
Brazil, Colombia and Peru, sixteen public health, consumer and
development NGOs have sent separate letters to the heads of the World
Health Organization (WHO) and the World Trade Organization (WTO).

WTO Director General Pascal Lamy was asked to =E2=80=9Cexplore with the Eur=
opean
Union the extent to which its customs rules and provisions in trade
agreements present risks to goods in transit, and undermine the
commitments made in 2001 in the Doha Declaration on TRIPS and Public
Health concerning access to medicines.=E2=80=9D

WHO Director General Margaret Chan was asked to =E2=80=9Cimmediately undert=
ake
an assessment of the risks to public health programs presented by such
seizures and any anti-goods-in-transit provisions that exist in current
or proposed trade agreements, including those relating to
anti-counterfeiting initiatives.=E2=80=9D In doing the assessment, the WHO =
as
asked to =E2=80=9Cinterview developing country governments, UN agencies and
other entities engaged in the trans-border delivery of generic medicines
to developing countries, to fully document the extent to which medicines
in transit are at risk regarding seizure or liability for infringement.=E2=
=80=9D

___________________________________________________________________________=
_______________________

*The 16 groups are: BUKO Pharma-Kampagne, Consumers International,
Consumers Union, Essential Action, HAI Africa, HAI Asia Pacific, HAI
Europe, HAI Global, HAI Latin America and Caribbean, Health GAP,
IQsensato, Knowledge Ecology International, Medico International, Oxfam
International, Third World Network and U.S. PIRG.

___________________________________________________________________________=
_______________________

The two letters are available here:

http://www.keionline.org/misc-docs/seizures/WHO_seizures_18feb.pdf

http://www.keionline.org/misc-docs/seizures/WTO_seizures_18feb.pdf

The following are additional comments by groups signing the letters:

HAI Asia Pacific, Kumariah Balasubramaniam, (+94 112 554353,
bala@haiap.org ) =E2=80=9COne hand of the Dutch government supports develop=
ing
countries=E2=80=99 right to promote access to medicines (Doha Declaration p=
ara
4) while the other hand takes away life-saving medicines from reaching
the suffering patients in Brazil,Colombia and Peru.=E2=80=9D

HAI Global, Tim Reed, (+31 20 683 3684, tim@haiweb.org) =E2=80=9CIt is time=
 that
the World Health Organization, the institution that we look to for a
lead in international health and development gave strong and clear
guidance on the interpretation of international trade agreements that so
adversely affect health. The health of millions of people worldwide who
depend on life-saving quality assured generic medicines will be in
jeopardy unless action is taken now by the World Trade Organization to
give clear guidance to its Members on goods in transit. This situation
cannot be allowed to continue.=E2=80=9D

Health GAP, Brook Baker ,(office: +1 617-373-3217, mobile +1
617-259-0760, B.Baker@neu.edu). =E2=80=9CThe unwarranted seizure of medicin=
es in
transit by Dutch customs officials was instigated by DuPont and Merck
who falsely claimed that the medicines posed a threat to their patent
and marketing rights in the Netherlands. So far, far too little
attention has been directed at these corporate criminals who are acting
with impunity to thwart lawful generic competition even in countries of
export and import (India and Latin America) where their patents and
marketing rights have no effect. This embargo of medicines, at the
frivolous behest of drug company bullies, is not only a direct violation
of the Doha Declaration on TRIPS and Public Health that prioritizes
access to medicines for all, it is also an unconscionable violation of
the human right of access to essential medicines enshrined in multiple
international treaties.=E2=80=9D

Knowledge Ecology, James Love, (office +1 202-332-2670, mobile +1
202-361-3040, james.love@keionline.org) =E2=80=9CIn a world with territoria=
l
patent rights, it is important that the rules for =E2=80=98goods in transit=
=E2=80=99
permit the transport of medicines from places where they can be made to
places where they will be used. The Dutch seizures have drawn attention
to this issue, as has the recent disclosure of MSF that they regularly
transport and temporarily store medicines in Europe, in route to uses in
developing countries. We expect the leaders of the WHO and the WTO to
lead on this issue.=E2=80=9D

Oxfam International, Elise Ford, Head of EU Advocacy Office, Tel: +32
(0) 2 502 1941, Mob: + 32 (0) 479 464 980.  =E2=80=9COxfam is concerned wit=
h
what appears to be confusion between counterfeit medicines that kill
people and generic medicines that save lives. The EC has declared its
support for access to medicines and the Doha Declaration on TRIPS and
Public Health.  To honor those commitments, the EC should immediately
review and modify its counterfeiting regulation if the regulation
wrongfully allows European countries to seize legal generic medicines
that are merely transiting through Europe.  It is nonsensical that a
regulation intended to save lives could instead be jeopardizing the
ability of doctors and nurses in developing countries to protect them.
To assist in this urgent review, Oxfam also calls upon the leaders of
WTO and WHO to provide clear leadership to ensure that affordable
medicines can reach poor people in developing countries.=E2=80=9D

Third World Network, Sangeeta Shashikant (office: +41 22 908 3550,
mobile: +41 78 757 2331, sangeeta@myjaring.net). =E2=80=9CThe Dutch seizure=
s
made pursuant to the EC Regulations are very disturbing. It raises
questions about the sincerity of EC in ensuring unhampered timely access
to medicines in developing countries.=E2=80=9D
--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.=
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