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

See all articles by Shashank P. Kumar

Shashank P. Kumar

Appellate Body Secretariat, World Trade Organization; National Law University, Jodhpur

Date Written: November 29, 2009

Abstract

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

Kumar, Shashank P., European Border Measures and Trade in Generic Pharmaceuticals: Issues of TRIPs, Doha Declaration and Public Health (November 29, 2009). International Trade Law & Regulation, Vol. 15, No. 6, pp.176-184, 2009. Available at SSRN: https://ssrn.com/abstract=1515224

Shashank P. Kumar (Contact Author)

Appellate Body Secretariat, World Trade Organization ( email )

Rue de Lausanne 154
Geneva 21, CH-1211
Switzerland

National Law University, Jodhpur ( email )

NH-65
Mandore
Jodhpur, Rajasthan 342 304
India

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