Patent Law

The following is excerpted from a November 4, 2009 article at the Bangkok Post:

India accused the European Union Wednesday of violating WTO norms by confiscating generic drugs made by Indian pharmaceutical companies, a report said.

The latest incident, which occurred October 19, related to the seizure by French customs officials of copycat anti-clotting tablets made by a Mumbai firm, the Press Trust of India said.

Shipment of the drug, clopidogrel, was destined for Venezuela, the news agency said. The customs authorities who seized the tablets alleged patent infringement.

"It (the confiscation of drugs) is a violation of existing WTO norms when it comes to shipments meant for a third country destination that are seized,'' Commerce Minister Anand Sharma said, according to the news agency.

India mostly exports off-patent generic drugs in conformity with the Trade Related Aspects of Intellectual Property Rights (TRIPS).

This was the 18th time generic drugs meant for developing countries had been confiscated during transit within the EU, although the manufacture of the drug in India and sale in the destination country were legal, Indian officials said.

Read the full article here.