who often forget that intellectual property laws are the most potent form of protectionism ever invented. As Dean Baker says, 5% tariff on T-shirts will raise the blood pressure of so-called free-traders but 1000% tariff via IP will not generate any reaction.
Meanwhile, people who could be saved are dying. Laurent > http://ictsd.net/i/news/bridgesweekly/38841/ > > Intellectual Property Programme • Volume 13 • Number 3 • 28th January > 2009 > > Dutch Seizure of Generic Drugs Sparks Controversy > > The recent seizure of a shipment of generic drugs by Dutch customs > authorities sparked controversy at the World Health Organisation’s > Executive Board meeting this week and elicited a strong reaction from > Brazil and India (see related story, this issue). Some observers > warned that the actions of the Dutch authorities could set a negative > precedent for the delivery of affordable medicines to the developing > world. > > Although the exact facts and details have yet to be fully established, > the incident, according to news reports, involved customs authorities > in Rotterdam seizing shipments of the generic drug Losartan, which is > used to treat high blood pressure - manufactured in India and in > transit to Brazil. It appears Dutch authorities were acting on the > request of a company that allegedly has patent rights over the drug in > the Netherlands. Losartan is not under patent protection either in > India or Brazil and thus can be imported freely in Brazil. The drug > shipment has been returned to India. > > In a particularly contentious exchange at the WHO meeting, the > Brazilian ambassador criticised the seizure. She stated that the > “Brazilian Government considers that the decision by the Dutch > authorities to detain an input which is strategic to public health in > a developing country, and exported in conformity with the existing > international norms, represents a grave drawback in the treatment of > the issue of the universal access to medicines > > The Netherlands’ decision represented a “distorted use of the > international intellectual property system, supposedly upheld by > European Union legislation, and contrary to the spirit and provisions > of the Doha Declaration on TRIPs and Public Health,” the ambassador > added. > > Brazil indicated that “other possible reactions will be taken into > consideration according to how this problem evolves, including within > the World Trade Organisation (WTO)”. > > Reports indicate that India’s commerce department also reacted > strongly to the seizure of the medicines. Indian Commerce Secretary > G.K. Pillai said the action by the EU customs officials was > unnecessary and that his department has raised the matter with the > European Commission, The Mint, an Indian business newspaper, reported. > Further reports from the Hindustan Times added that the Indian > ministry indicated that it “may have to take the issue to the WTO and > challenge it.” > > A number of stakeholders and experts, particularly public health > advocates and NGOs, are concerned that the Dutch seizure of the > generic drugs might set a bad precedent for public health by creating > yet another barrier to the delivery of quality, affordable generic > drugs to developing countries. > > According to Frederick Abbott, Professor of Law at Florida State > University, the seizure of the generic drugs is “troubling on several > accounts.” > > “It is particularly unfortunate that customs authorities in The > Netherlands are now taking a position diametrically opposed to the > principles of the Doha Declaration on the TRIPS Agreement and Public > Health that the Dutch government so strongly supported,” Abbott told > Bridges. > > “As a general matter, if European Union member states take the > position that legitimate goods in transit through EU ports are subject > to the full European regulatory regime – including internal EU IP > regulation – this will create enormous impediments to global trade and > operate precisely contrary to the preamble of the TRIPS Agreement ‘to > ensure that measures and procedures to enforce intellectual property > rights do not themselves become barriers to legitimate trade’,” Abbott > said. > > The situation will no doubt continue to generate commentary from both > perspectives of the controversy, as observers consider the full > implications of the seizure. > > ICTSD reporting; “India may drag EU to WTO on seizure of drugs,” > HINDUSTAN TIMES, 18 January 2009; “Brazil to object to Dutch seizure > of generic drug,” REUTERS, 23 January 2009; “Dr Reddy’s consignment of > drugs to Brazil seized,” THE MINT, 15 January 2009. _______________________________________________ pen-l mailing list [email protected] https://lists.csuchico.edu/mailman/listinfo/pen-l
