E-DRUG: Indian generics safe from seizure while passing through EU (2)
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Dear E-druggers,
This is very good news, at least there will be some reprieve for
producers and procurement/consumers in developing countries.
However there are larger issues here. Why was the EU legislation passed
that essentially has no procedures for guarding against abuse by
right holders who lodge complaints? The legislation has an "automaticity"
i.e. when a complaint is made, the shipment can be seized without making
sufficient accommodation for discretion to be exercised by customs
officials.
To compound matters, the work of IMPACT, the controversial WHO task
force, draws much of the inspiration for its principles of legislation
from the EC directive.
The point is why is bad law (bad because it lacks the typical
safeguards) allowed passage in this way? For me personally this is an
indication of regulatory capture. Which is perhaps why even UNITAID's
(an upstanding international citizen) shipments are seized.
And all this in a context where there is a European Parliament Resolution
indicating that trade agreements should not undermine access to
medicines, and there are concerns that the EU/India FTA does just that
(as ably recognised by the recent protests by Kenyans outside the EU
offices in Nairobi).
I guess even democracy and parliament ain't what it used to be.... more's the pity.
regards,
Riaz Tayob
SEATINI
South Africa
riaz.tayob@gmail.com