E-DRUG: GSK aims to stop ARV reimportation (3)
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[Kevin added this to his previous posting asking for examples. You can find more on this by searching E-drug archives using reimportation as search string. The case is from 2002. KM]
Someone posted privately to me about the alleged diversion in 2002
involving Glaxo product. While the situation was well-publicized, it
appears that the facts were considerably different. A recent case in
England involving Glaxo and Dowelhurst (a parallel trader) have
established that 99% or more of the product was not diverted from
charitable channels; most of it never left Europe; and almost certainly
none of it travelled to Africa and then came back to Europe. (see Glaxo
Group Ltd v. Dowelhurst Ltd, [2004] E.T.M.R. 39 (July 31, 2003), 2003 WL
21729286). (I have a paper on this topic if anyone is interested)
Again, does anyone have any facts about any diversion from charitable
ARV programs in Africa, which involve the drugs being sold in Europe or
the US?
Kevin Outterson
Associate Professor of Law
West Virginia University
304 293 8282
kevin.outterson@mail.wvu.edu
LL.M. (Cantab.)
J.D. (Northwestern)
SSRN Author Page: ssrn.com/author=340746