[Ip-health] Business Standard: India, Brazil to move WTO against EC over drug seizure issue

[Thiru Balasubramaniam]

http://www.business-standard.com/india/news/india-brazil-to-move-wto-against-ec-over-drug-seizure-issue/75571/on


India, Brazil to move WTO against EC over drug seizure issue
Press Trust of India / New Delhi October 09, 2009, 16:29 IST

India and Brazil will jointly file a complaint with the WTO against
the European Commission for seizure of drug consignments of Indian
pharma companies, including Dr Reddy's and Aurobindo at various
European ports.


"India has compiled a legal brief to challenge the ad hoc decision
taken by the Netherlands at the WTO. We have consulted Brazil on the
matter and they will join in with us. Both will file the complaint
against the European Commission in WTO," a commerce ministry official
said.

In separate incidents in February and March, the Netherlands had
confiscated blood pressure control and anti- HIV drugs going to
Brazil, Columbia and Nigeria on grounds of alleged patent
infringement. The consignments were sent by Dr Reddy's Laboratories
and Aurobindo Pharmaceuticals.

The country has also raised this matter with EC at different levels,
the official said, adding that India had recently taken up the issue
with the EU trade commissioner Catherine Ashton during her visit to
New Delhi to attend an informal WTO ministerial meeting in September.

India's $12-billion domestic pharma industry, gets 40 per cent of its
revenue from exports of generic drugs across the world.

Any WTO member country can approach WTOs dispute settlement body to
resolve their trade quarrels.

According to the European Commission, if a consignment of drugs is not
patented either in the country of origin or its final destination, it
can be confiscated.

India has objected to this, saying the agreement on Trade Related
Aspects of Intellectual Property Rights (TRIPS) allows exports as EU
countries were not the destination.

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997