Seizures of In-Transit Generics at the EU Borders: India and Brazil v. The EU
Post by Enrico Bonadio
On May 2010 India and Brazil filed a complaint at the WTO claiming that customs rules in the EU, Regulation 1383/2003 in particular, recently allowed customs authorities to detain certain lots of Indian generics in transit to non-EU states. India and Brazil maintain that these measures contradict relevant TRIPS and GATT provisions.
The case has spurred a debate because these measures could affect or impede the protection of public health in some countries, namely the African and Latin American states that are usually the final destination of the Indian manufactured generics. For the full text article by Enrico Bonadio and Carlo Maria Cantore see here.