The Pharmaceutical Export Promotion Council (Pharmexcil) has sought Union commerce ministry's intervention in finding a solution to the issue of increasing incidence of seizures of Indian drug shipments meant for other countries at European Union ports on charges of counterfeiting and patents infringement.

Pharmexcil wanted the Union commerce ministry to take up the issue with European Commission to relax the regulations on patent and trade mark issues so that at least the drug shipments on transit cannot be seized at the European Union ports on charges of counterfeiting and patents infringement. The Pharmexcil wanted an early solution to this issue which began when the European countries further tightened the patent laws some time back.

"The Council is seized of this grave issue and it wanted the Union commerce ministry to take up issue with European Commission for finding a solution. When the exporting countries and the importing countries have no patent or other related problems, why should other countries have problems? There will be some action in this regard soon," Pharmexcil executive director Dr P V Appaji said.

The entire issue started when the European Union countries 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 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.

Though the Pharmexcil had earlier alerted the pharma exporters about the issue and advised them to ensure that patented products shipped to 'non-patent areas' like Latin American countries are not passing through European ports, the exporters have been using the European Union ports due to its financial viability. If the drug companies use the alternative routes to send the medicines, it is likely to impact the cost competitiveness of Indian generic drugs, industry sources said.