Several international NGOs have raised a banner of protest against the seizure of Indian drug shipments at the European Union ports on charges of counterfeiting and patents infringement. In separate letters to the heads of the World Health Organization (WHO) and the World Trade Organization (WTO), these organisations have voiced concern over the recent seizures by Dutch customs authorities of Indian generic drugs shipped through the Netherlands en route to Brazil, Colombia and Peru.

According to sources, a total of 16 international NGOs have taken up the issue with the WHO and WTO. The 16 NGOs that signed both the letters 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 US PIRG.

The NGOs are concerned over the availability of generic medicines to the people in the developing and poor countries.

The entire issue started when the European Union countries started implementation of local patent rules rigidly. These EU rules stipulate that any product for which the patent has been granted in EU countries, if being transported through their countries, is also liable for confiscation under their patent law. Since then, there were several instances of Indian drug shipments bound for other countries being seized at European Union ports.

The Indian and other developing countries plea to the European Commission for some sort of a solution to the issue so far fell on the deaf ears of the EC.

In their letter dated February 18 to WHO Director-General Dr Margaret Chan, the NGOs asked her to 'immediately undertake an assessment of the risks to public health programmes 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."

In conducting the assessment, the WHO is asked to 'interview 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'.

In a separate letter to WTO Director-General Pascal Lamy, the groups called on him to 'explore with the European 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'.