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 Brazil.  (See also DS408)

On 12 May 2010, Brazil requested consultations with the European Union and the Netherlands regarding repeated seizures on patent infringement grounds of generic drugs originating in India and other third countries but transiting through ports and airports in the Netherlands to Brazil and other third country destinations.  Brazil alleges that the various European Union and Dutch measures at issue are inconsistent  with the obligations of the European Union and the Netherlands under Articles V and X of GATT 1994, various provisions of the TRIPs Agreement,  and Article XVI:4 of the WTO Agreement.

On 28 May 2010, Canada, Ecuador and India 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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