Indian Minister of State for External Affairs broaches seizures of generics at ECOSOC

Note: Only a portion of the speech is reproduced here.

Hon’ble Co-Chairs/Madam Moderator, Distinguished Delegates,

I would like to thank the Panelists for their excellent presentations. Given that the adverse impact of the current economic crisis on the realization of the Millennium Development Goals is likely to affect the African countries and LDCs the most, this Special Event is indeed befitting and timely.

While capacity building and human resource development have been at the core of India’s cooperation with Africa over the past five decades, a vibrant India and a resurgent Africa are witnessing an intensification of relations and growing convergence of interests, in our common quest for sustainable economic growth and development.

Distinguished co-chairs/Madam Moderator,

As you are undoubtedly aware, almost 95% of WHO esesntial drugs are generic drugs. India is the largest producer and exporter of generic drugs and over 60% of African generic drug imports come from India. India has also been a reliable and cost-effective source of healthcare products for civil society organisations like MSF and procurement agencies like UNITAID.

Regrettably, there have been recurring instances in the recent past, where consignments of generic drugs manufactured by developing countries and destined for other developing countries and LDCS, have been seized in transit, at European ports. These drugs are neither counterfeits nor substandard drugs, and are perfectly legitimate generic drugs, in both the country of manufacture and the country of destination. We are concerned that these recurring seizres are creating a negative trend that impairs the access and availability of affordable essential generic drugs in developing countries and LDCs, and runs counter to the Doha Declaration on Public Health by creating barriers to the legitimate trade of generic drugs. These seizures contravene the concept of ‘territoriality’ enshrined in the TRIPS Agreement. These widespread and repeated drug seizures not only have an adverse systemic impact on South-South commerce and legitimate trade in generics, but are also counter-productive to the goals of universal access to medicines and improvement of public health services in developing countries and LDCs in Africa and elsewhere. We therefore call upon all countries to respect the concept of ‘territoriality’ in the TRIPS Agreement and work collectively so as not to hinder critically needed improvements in the realm of global public health.

In this context, India stands ready to cooperate with African countries in strengthening their Drug Regulatory Authorities to enhance access to safe and efficacious generic medicines. Keeping in view the key role played by cost-effectiveness generic drugs in managing public health in Africa, we also hope that while enacting new Anti-Counterfeit legislations which are currently under considerations in several African countries, care would be taken to ensure that the availability of genuine, efficacious and affordable generic medicines is not adversely affected.

I would like to conclude, Distinguished co-chairs, by reiterating India’s commitment to continued cooperation and support to the countries of Africa in countering the diverse challenges they face, in achieving their development targets and in fulfilling the aspirations of the people of Africa.

Thank you