European Border Measures and Trade in Generic Pharmaceuticals: Issues of TRIPs, Doha Declaration and Public Health
International Trade Law & Regulation, Vol. 15, No. 6, pp.176-184, 2009
15 Pages Posted: 1 Dec 2009
Date Written: November 29, 2009
This work seeks to analyze European efforts at promoting higher standards of IP protection and enforcement through border measures. In doing so, it traces the evolution of EC Regulation 1383/03 and identifies trends in its systemic enforcement against in-transit generic pharmaceuticals. The analysis of the European border measures reveals that in addition to the relevant law, the EC has undertaken several bilateral and multilateral efforts to supplement its maximalist agenda in border enforcement. Further, it raises some important issues relating to the interpretation of the TRIPS Agreement, the jurisprudential implications of the Doha Declaration and the human right to health.
Keywords: EC Regulation 1383, Generic Pharmaceuticals, Freedom of Transit, Border Enforcement, Public Health, TRIPs
JEL Classification: K32, K33
Suggested Citation: Suggested Citation