[Ip-health] ICTSD Working Paper on Border Measures and the Seizures of Generic Medicines in Transit by Xavier Seuba

[Ahmed Abdel Latif]

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Border Measures Concerning Goods
Allegedly Infringing Intellectual Property Rights:
The Seizures of Generic Medicines in Transit

ICTSD Working Paper
By Xavier Seuba
University Pompeu Fabra, Barcelona, Spain
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Recent seizures of generic medicines in transit have attracted wide
attention in view of their implications for efforts to promote greater
access to medicines, particularly in developing countries.

In this context, the Working Paper, Border Measures Concerning Goods
Allegedly Infringing Intellectual Property Rights: The Seizures of
Generic Medicines in Transit, by Xavier Seuba - University Pompeu Fabra,
Barcelona - (http://ictsd.net/i/research/53747/
<http://cts.vresp.com/c/?ICTSD/0a00851f90/62890a0c44/88e77a5ddc> )
provides an in depth analysis of the complex legal issues raised by some
border measures which go beyond the minimum standards set by the
Agreement on Trade related Aspects of Intellectual Property Rights
(TRIPS).

The paper examines the nature and scope of the existing EC customs
border regulations and their relationship with the General Agreement on
Tariffs and Trade (GATT), the TRIPS Agreement and subsequent WTO
instruments, particularly the Doha Declaration on TRIPS and Public
Health (2001) and the General Council Decision of 30th August 2003.

The author points out that the power granted to WTO members to set
higher standards of enforcement than those stipulated by Articles 51 and
52 of the TRIPS Agreement has to be consistent with other TRIPS
provisions and balanced with the key legal principle of territoriality
of IPRs. The principle of free trade in the GATT Agreement and the aim
of the TRIPS Agreement to reduce any "distortion and impediments to
international trade" should also be respected.

This paper was commissioned under the ICTSD Programme on IPRs and
Sustainable Development. It is made available as a working paper in
order to facilitate dialogue, broader understanding, consultation and
further inputs into this important debate.

The paper is work in progress and interested persons and institutions
are welcome to provide comments or inputs either to the author directly
(xavier.seuba@upf.edu) or via ICTSD (aabdellatif@ictsd.ch or
proffe@ictsd.ch).


The paper is also available at http://www.iprsonline.org/
<http://cts.vresp.com/c/?ICTSD/0a00851f90/62890a0c44/9af7a97cfe> .