Washington-based Pharmaceutical Research and Manufacturers of America (PhRMA), the representative body of US-based drug firms, has said it does not support the seizure of legitimate generic medicines meant for developing country destinations.
The response comes after 17 consignments of genuine generic medicines from India were recently seized at various European ports, alleging intellectual property violations. Customs actions were triggered on the basis of complaints from large drug manufacturers, which include PhRMA members.
PhRMA said it does not endorse any action contrary to its view, even if it is from the association members. “The members may take advantage of the rules in respective countries. But the association is of the view that seizures leading to destruction of legitimate consignments should not happen,” Richard Kjeldgaard, deputy vice president, intellectual property, PhRMA, told Business Standard.
According to Kjeldgaard, PhRMA supports temporary detention of products if they are suspected to be counterfeit. Once it is proven otherwise, the product has to be released, irrespective of its patent (intellectual property) status in the European Union, he said.
The PhRMA official, on a visit to India, said he has met commerce ministry officials to clear the misconception that research-based companies were creating hurdles against movement of genuine generic and low-cost medicines to least developed countries.
India is deciding whether to go to the dispute settlement body of the World Trade Organisation (WTO) against frequent seizures of Indian medicines on transit. The medicines of leading drug makers like Dr Reddys, Aurobindo, Ind-Swift and Cipla had all been confiscated by European customs authorities in the recent past.