DS: European Union and a Member State — Seizure of Generic Drugs in Transit

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.


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Summary of the dispute to date

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Complaint by India.  (See also DS409)

On 11 May 2010, India requested consultations with the European Union and the Netherlands regarding the repeated seizures on patent infringement grounds of generic drugs originating in India but transiting through ports and airports in the Netherlands to third country destinations.  India alleges that the measures at issue are, in several respects, inconsistent as such and as applied, with the obligations of the European Union and the Netherlands under Articles V and X of GATT 1994 and under various provisions of the TRIPs Agreement, namely, Article 28 read together with Article 2, Articles 41 and 42, and Article 31 read together with the provisions of the August 2003 Decision on TRIPs and Public Health.

On 28 May 2010, Brazil, Canada and Ecuador requested to join the consultations.  On 31 May 2010, China, Japan and Turkey requested to join the consultations.  Subsequently, the European Union informed the DSB that it had accepted the requests of Canada, China, Ecuador, India, Japan and Turkey to join the consultations.


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