The Indian government may file a complaint at the World Trade Organisation (WTO) against the European Union (EU) on the issue of seizure of Indian drug shipments at EU ports, if the ongoing efforts at different international forums fail to find an amicable solution to the nagging issue. The government is currently engaged in hectic activities to resolve the issue.

"The government is in the process of exploring the possibility of filing a complaint at the WTO against the EU nations' attitude on this issue. Once all other options are closed, the country will file the dispute at WTO," a senior commerce ministry official said.

The country is engaged in negotiations at different international forums to find an amicable solution to this vexed issue triggered when the EU countries began implementing local patent rules rigidly some months back. These EU rules stipulate that any product patent that has been granted in EU countries, if being transported through their countries, is also liable for confiscation under their patent law.

During the last some months, there were reports of increasing incidence of seizures of Indian drug shipments meant for other countries at EU ports on charges of counterfeiting and patents infringement. Major places where Indian goods were seized included the ports in Miami, Germany, France and The Netherlands. Most of these drugs were on its way to countries like Brazil, Peru, Columbia, etc where these drugs are not patented.

For instance, recently the customs authorities at Rotterdam in the Netherlands had seized shipments of the generic drug Losartan, which was manufactured in India and was in transit to Brazil. Losartan, indicated to treat high blood pressure, is not under patent protection either in India or Brazil.

Apart from India, countries like Brazil have also taken up the issue at different international forums against the EU action. Both India and Brazil had already raised the matter at the WTO's general council meeting and later at the TRIPS Council meeting.

Meanwhile, the government has so far failed to cut ice with the EU authorities in relaxing regulations on patent and trade mark issues so that at least the drug shipments on transit cannot be seized at the EU ports on charges of counterfeiting and patents infringement. Though the government had provided data of Indian drug shipments which were seized at EU ports recently, the EU authorities have so far defended their action.