E-DRUG: Seizure of generic drugs during transit through EU: IDA letter
---------------------------------------------------
Seizure of generic drugs during transit through EU on ground of potential patent infringement or suspected counterfeit
Please find below the excerpted content of the letter written by IDA
Foundation Managing Director Edwin de Voogd to the Ministry of Economic
Affairs about the seizure of generic drugs by Dutch customs.
"We are writing to urgently get the "Lozartan" case on the radar as well
to ask you advice and urgent action upon this case.
Millions of people in developing countries depend on a smooth supply
chain between the manufacturer and country of destination, in particular
the supply chain of affordable, generic medicines often produced in
India. One of the parts of the supply chain of paramount importance are
airports in Europe. KLM and Air France are often chosen because of a
combination of good and reliable transit service, cost effective rates
and a very well developed network of destinations in Africa, Latin
America and the Caribbean. That is why, particularly Schiphol and
Charles de Gaulle, are considered major transit hubs for shipments of
life saving medicines to developing countries in Latin-America and
Africa.
Last year, a number of interceptions of goods in transit from India to
countries outside the EC have revealed that there is a life threatening
lack of harmony between EC directive 1383 and the TRIPS agreements of
DOHA (which allows affordable access of life saving drugs to developing
countries). In these particular cases goods in transit are not
rightfully considered counterfeit. We would like to urgently draw your
attention to this fact and to ask you to take appropriate action to
harmonize legislation between directive 1383 and the TRIPS agreements of
DOHA.
We would like to stress that the fact that the presented case does not
touch upon counterfeit watches or t-shirts, but about essential drugs.
The current conflict between EC legislation and TRIPS agreement directly
result in depriving people from their medication which in the case of
ARV's is life threatening.
An interrupted treatment of a syndrome like AIDS will directly affect
patients in least developed countries, even if the interruption of the
supply chain is just for a limited period of time. Bearing in mind that,
at the same time, there are very little buffer stocks in those countries
meaning that zealous Dutch customs officers just doing their job, may
lead to people dying.
As a State Secretary, you have the power and the responsibility to
change the law in order to eliminate conflicting elements. We are aware
that those actions and decision that have to be taken might take some
time at European level, but we would highly appreciate if you would
share the action plan with us.
During your visit to India between 8 and 13 February this year, you were
quoted in the Indian Economic Times that this lack of harmony is a
serious problem because the Dutch government supports the TRIPS
agreements and action at the EC is needed and we are anxiously awaiting
follow up on this quote and are looking forward to communication about
agreements and actions, as this was already 5 weeks ago. That means life
saving medicine programs can still be "randomly" interrupted by Dutch
customs. This was 5 weeks ago and we have not observed any measurable
action yet.
The Lozartan case has put Schiphol as a transit hub and the Dutch
authorities in the limelight of all NGO's and other bodies advocating
accessibility of essential medicines to developing countries. Please let
it turn to be positive attention by taking appropriate action.
Since IDA is currently working on eventual contingencies, please advise
which actions you will take and when we can expect results. If you guess
the structural change takes more time, please advise what we should do
in the short run?
With kind regards,
IDA Foundation
E.J. de Voogd
Managing Director"
Marketing Department IDA Foundation
Wendy Eggen
www.idafoundation.org <http://www.idafoundation.org/>
"Evelien van Meerveld" <evmeerveld@idafoundation.org>