Brussels, 09/11/2009 (Agence Europe) - As we reported last week (EUROPE 10014), the dossier on access to generic drugs was on the agenda of the meeting, on the sidelines of the EU-India summit held in New Delhi on 6 November, between European Trade Commissioner Catherine Ashton and her Indian counterpart, Anand Sharma. Both sides wish to resolve their dispute amicably, the Indian trade minister told the press, playing down the threat of bring the matter before the WTO (EUROPE 10005).
Brazil and India have for some months been threatening to bring a complaint before the WTO over this controversial dossier, after the Netherlands banned a shipment of generic drugs made in India and destined for Brazil, via Europe, in the name of the fight against counterfeiting, in December of last year. "[The Europeans] have taken tangible steps. We both are committed to resolve the outstanding matter amicably", said Mr Sharma, who reiterated that supplying generic medicines complies with WTO rules. "These shipments were for third countries and therefore there was no violation", he stressed, pointing the finger at the dilemma of international trade and intellectual property, and the issue of facilitating the access of poor countries to medicines whilst encouraging medical research via patent protection.
In a report published in October, the NGOs Oxfam and Action Health accused the EU of breaking world trade rules by putting the interests of the major pharmaceutical groups above those of the populations of the developing countries with little or no access to essential drugs (EUROPE 10003). The report suspects the EU of seeking to include stricter intellectual property rules in free-trade agreements which go beyond agreements existing under the aegis of the WTO on trade-related intellectual property aspects (TRIPS), which are designed to make it easier for poor countries to have cheaper, generic copies of patented drugs.
"We have no intention to stop the legitimate export or transit of generic medicine. We want to work together to resolve the issue", said Ms Ashton. Both sides plan to revisit this dossier at the bilateral meeting between Ms Ashton and Mr Sharma, which is likely to take place on the sidelines of the ministerial conference of the WTO, to be held in Geneva in late November/early December. (E.H./transl.fl)