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[e-drug] Indian generics safe from seizure while passing through EU (2)

E-DRUG: Indian generics safe from seizure while passing through EU (2)
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Dear E-druggers,

This is very good news, at least there will be some reprieve for 
producers and procurement/consumers in developing countries.

However there are larger issues here. Why was the EU legislation passed 
that essentially has no procedures for guarding against abuse by 
right holders who lodge complaints? The legislation has an "automaticity" 
i.e. when a complaint is made, the shipment can be seized without making 
sufficient accommodation for discretion to be exercised by customs 
officials.

To compound matters, the work of IMPACT, the controversial WHO task 
force, draws much of the inspiration for its principles of legislation 
from the EC directive.

The point is why is bad law (bad because it lacks the typical 
safeguards) allowed passage in this way? For me personally this is an 
indication of regulatory capture. Which is perhaps why even UNITAID's 
(an upstanding international citizen) shipments are seized. 

And all this in a context where there is a European Parliament Resolution 
indicating that trade agreements should not undermine access to 
medicines, and there are concerns that the EU/India FTA does just that 
(as ably recognised by the recent protests by Kenyans outside the EU 
offices in Nairobi). 

I guess even democracy and parliament ain't what it used to be.... more's the 
pity.

regards,

Riaz Tayob
SEATINI
South Africa
riaz.tayob@gmail.com

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