EU to clarify medicine trade transit rules
Part of a wider reform of EU customs laws affecting IP
An attempt has been made by the European Commission to end disputes between the European Union (EU) and India and Brazil over EU customs’ seizure of generic medicines destined for non-EU markets.
The problems have been sparked by muddles over regulations.
To prevent such seizures in future, where there are guarantees that such medicines will not be sold in Europe, the Commission has proposed clarifying these rules. This comes in a wider reform of EU customs laws affecting intellectual property.
EU tax, customs and anti-fraud Commissioner Algirdas Šemeta said: ‘This provides a solution to the dispute with India and Brazil over medicines in transit. This remains a sensitive issue and the EU's commitment towards access to medicines is reiterated. When generic medicines cross the EU territory…to developing countries, customs should only act if it is likely they are…destined to the EU market.’
Where customs do suspect medicines are being illicitly diverted in unauthorised parallel trades to EU customers, the proposal would boost customs’ powers to seize and destroy such products.
The same would apply to those sporting lookalike fake trademarks, copied trade names, and devices circumventing technological intellectual property rights protections.
Šemeta said the proposal would further strengthen the ability of customs to tackle the trade in IPR infringing goods.