In order to equip itself with complete information regarding the detention and seizure of Indian generic medicines by European customs authorities before filing a case at the WTO, the Union commerce ministry has started collecting complete data on the detentions and seizures of Indian drug shipments at EU ports to effectively take up the case with the WTO.
The commerce ministry is seriously contemplating to file a case before the 'Dispute Settlement Court' of WTO to find a lasting solution to the issue which was triggered when the European Union (EU) started implementation of local patent rules rigidly. These EU rules stipulate that any product patent that has been granted in EU countries, if being transported through their countries, is liable for confiscation under their patent law. Since then there were several cases of detention and seizure of Indian generic drugs at EU ports on charges of counterfeiting and patents infringement.
But, the government does not have the complete data on these detentions and seizures. As per newspaper reports, about 17 consignments were seized by Dutch authorities alone, in addition to seizures by other European countries and US. However, the ministry did not so far receive information from the affected members. To effectively take up the case before WTO, the government has asked the affected members to provide complete details. The government has offered financial assistance to the extent of Rs 50 lakh per case to the affected members towards litigation costs.
Even though the India and other developing countries and several national and international NGOs voiced concern and took up the matter with European Commission (EC), WTO and WHO, the issue so far remained unresolved and the Indian drug shipments continued to be detained at EU ports.
In February this year, the then commerce minister Kamal Nath had taken up the issue with his Dutch counterpart calling upon him to relax regulations on patent and trade mark issues so that at least the drug shipments on transit cannot be seized at the EU ports. Again in March this year, the Indian government along with Brazil raised the issue at WTO. Besides, several international NGOs had also raised a banner of protest against the seizure of Indian drug shipments at the EU ports. A total of 16 international NGOs had taken up the issue with the WHO and WTO. The NGOs are concerned over the availability of generic medicines to the people in the developing and poor countries.
But all this hue and cry fell on the deaf ears of the EC as the seizure of Indian drugs destined for other developing countries continued at EU ports. On May 5, a shipment of a generic antibiotic, Amoxicillin, manufactured in India and destined for a least developed country, the Republic of Vanuatu in the Pacific, was seized by customs officials, while in transit through Frankfurt, Germany.