[Pen-l] For those "free traders"

[Laurent GUERBY <laurent@xxxxxxxxxx>]

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 â Volume 13 â Number 3 â 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 Organisationâs
> 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
> âBrazilian 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 Netherlandsâ decision represented a âdistorted 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,â the ambassador
> added.
> 
> Brazil indicated that âother possible reactions will be taken into
> consideration according to how this problem evolves, including within
> the World Trade Organisation (WTO)â.
> 
> Reports indicate that Indiaâs 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 âmay have to take the issue to the WTO and
> challenge it.â
> 
> 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 âtroubling on several
> accounts.â
> 
> âIt 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,â Abbott told
> Bridges.
> 
> âAs 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 â including internal EU IP
> regulation â this will create enormous impediments to global trade and
> operate precisely contrary to the preamble of the TRIPS Agreement âto
> ensure that measures and procedures to enforce intellectual property
> rights do not themselves become barriers to legitimate tradeâ,â 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; âIndia may drag EU to WTO on seizure of drugs,â
> HINDUSTAN TIMES, 18 January 2009; âBrazil to object to Dutch seizure
> of generic drug,â REUTERS, 23 January 2009; âDr Reddyâs consignment of
> drugs to Brazil seized,â THE MINT, 15 January 2009.


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