In an overt support to the stand of India on the recent seizure of generic drugs by Dutch authorities during the transit from India, the WHO has expressed concern over the issue and offered assistance to resolve the issue.
"WHO is continuing to follow developments and consulting with Member States and relevant international and intergovernmental organizations. WHO also understands that there is ongoing dialogue among the parties concerned to resolve the matter. Given the public health impact of this issue, the WHO remains ready to provide, upon request, technical and policy support to member States," the world agency said in a statement recently.
WHO considers equitable access to safe and affordable medicines as vital to the attainment of the highest possible standard of health for all. WHO member States reaffirmed their commitment to these principles in May 2008, with the adoption of a resolution on the global strategy and plan of action on public health, innovation and intellectual property (WHA61.21). Among other important objectives, the resolution expressed member States' commitment to improving the delivery of and access to all health products and medical devices by effectively overcoming barriers to access, it said.
"In this context, the recent events related to the handling of medicines in transit and the potential consequences for the supply of medicines in developing countries are of major concern to the organization. This issue has been raised in the meeting of the WHO Executive Board in January 2009 and was a subject of discussion in the recent WTO TRIPS Council. Ensuring that the interests of trade and health are appropriately managed, also means that the flow of legitimate medicines, including generic medicines, is not impeded," the WHO said.
Meanwhile, a group of members of European Parliament have strongly opposed the recent seizure and said they would raise the issue within the EC and publicly. In letters sent to the commissioners of Trade and customs, they have voiced deep concern on the instant of seizing drugs including losartan potassium shipped from India to Brazil.
"Seizures of generic drugs within the EU are becoming an increasing widespread problem. In December 2008 Dutch customs officials seized a shipment of the ARV Abacavir which had been purchased by UNITAID and which was in transit from India to Nigeria. Abacavir is a generic drug and is recognised as such by the WHO. The impact of such seizures on developing countries is serious and, in the worst case, the treatment of patients can be interrupted," they said.
They claimed that seizure by the Dutch customs authorities is in contradiction with the TRIPS Agreement and with the EU's commitments under the Doha Declaration. It also contradicted the position expressed several times by the European Parliament, they said, calling for necessary changes in the laws to allow free and legitimate trade.
Kader Arif, David Martin, Gianluca Susta, Carl Schlyter and Vittorio Agnoletto are the members who have raised the issue now with all concerned authorities.