[e-drug] HAI Europe Statement: Protect legitimate trade in essential medicines

e-drug
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E-DRUG: HAI Europe Statement: Protect legitimate trade in essential medicines
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11 August 2009- As the dispute continues over the seizures of legitimate
generic medicines in transit (see recent articles in Wall Street Journal
http://online.wsj.com/article/SB124949598103308449.html, Financial
Times
http://www.ft.com/cms/s/0/b5c5f50c-8374-11de-a24e-00144feabdc0,dwp_uuid
=8baec054-53d0-11db-8a2a-0000779e2340.html, PharmaTimes
http://www.pharmatimes.com/worldnews/article.aspx?id=16377, and SCRIP
World Pharmaceutical News, Health Action International continues to call for the European Union to revisit EU regulation 1383/2003, which has perpetuated the dangerous confusion between counterfeit pharmaceutical products and legitimate generic medicines.

We ask again that the principles of the Doha Declaration on the
Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement
and Public Health are respected by all EU Member States and that the
actions by customs authorities and multinational pharmaceutical
companies do not "become barriers to legitimate trade" (as stated in the
preamble to the World Trade Organization's TRIPS Agreement).

News that India is considering reimbursing additional freight costs
borne by Indian manufacturers when using alternative trade routes that
avoid EU ports (SCRIP World Pharmaceutical News 6 August confirms
earlier fears that the spate of seizures would have financial
consequences. Ensuring access to affordable essential medicines must be
the primary goal of further international action.

So far, the response from the EU has been disheartening and, rather than
amending the controversial regulation, the EU seems to be exporting it
to other platforms such as, free trade agreements and the proposed
Anti-Counterfeiting Trade Agreement (ACTA).

Intellectual property discourses should not be used to distort or
corrupt the free movement of legitimate medicines in transit. HAI will
continue to work to ensure that access to essential medicines is not
impaired as a result of overreaching provisions on intellectual property
rights.

Terri Beswick
Communications Officer
Health Action International
Email: terri@haiweb.org
Website: http://www.haiweb.org

Health Action International (HAI) is an independent, global network
working to increase access to essential medicines and improve their
rational use through research excellence and evidence-based advocacy.

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E-DRUG: HAI Europe Statement: Protect legitimate trade in essential medicines (3)
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Thanks to Terri for this information,

What has been the position of buyers (presumably, the buyers in this case are governments in developing countries, NGOs?) and suppliers that are using EU ports in respect to the seizure of generic goods in transit? Have they complained to the EU? There is a legitimate trade in generic pharmaceutical products, even under the DOHA / TRIPS framework, which I thought the EU had signed up to. If they are detaining confirmed counterfeit drugs (generic and brand), then that is a welcome service to the buyer; if not, then these actions will be frustrating access to essential medicines.

Regards,

Bonnie

Bonface Fundafunda PhD., MBA., B.Pharm
Manager, Drug Supply Budget Line
Ministry of Health,
P.O. Box 30205,
Ndeke House,
Lusaka,
Zambia
Tel: +260 211 25 59 11
Fax: +260 211 25 14 04
Mobile: + 260 979 25 29 00
Email: bcfunda@hotmail.com