Seizures of In-Transit Generics at the EU Borders: India and Brazil v. The EU

European Journal of Risk Regulation, Vol. 1, No. 4, pp. 404-408, 2010

5 Pages Posted: 17 Oct 2011

See all articles by Enrico Bonadio

Enrico Bonadio

City University London - The City Law School

Carlo Maria Cantore

University of Antwerp

Date Written: December 1, 2010

Abstract

On May 2010 India and Brazil filed a complaint at the WTO claiming that customs rules in the EU, Regulation 1383/2003 in particular, recently allowed customs authorities to detain certain lots of Indian generics in transit to non-EU states. India and Brazil maintain that these measures contradict relevant TRIPS and GATT provisions.

The case has spurred a debate because these measures could affect or impede the protection of public health in some countries, namely the African and Latin American states that are usually the final destination of the Indian manufactured generics.

Keywords: Intellectual Property, TRIPS, patent rights, customs

Suggested Citation

Bonadio, Enrico and Cantore, Carlo Maria, Seizures of In-Transit Generics at the EU Borders: India and Brazil v. The EU (December 1, 2010). European Journal of Risk Regulation, Vol. 1, No. 4, pp. 404-408, 2010. Available at SSRN: https://ssrn.com/abstract=1945255

Enrico Bonadio (Contact Author)

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/law/

Carlo Maria Cantore

University of Antwerp ( email )

Prinsstraat 13
Antwerp, Antwerp 2000
Belgium

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