On 18 February 2009, sixteen NGOs sent a letter to the head of the World Trade Organization regarding a series of seizures by the Dutch custom authorities of generic medicines in transit to developing countries. The letter is available at
https://www.keionline.org/misc-docs/seizures/WTO_seizures_18feb.pdf
Today, Director General Pascal Lamy responded to the letter which is available at
https://www.keionline.org/misc-docs/seizures/dglamyresponse.pdf
More information on the Dutch seizures is available here.
The text of the letter follows:
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WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACION MUNDIAL DEL COMERCIO
Pascal Lamy
Director General
04 MAR 2009
Thank you very much for your e-mail letter, dated 18 February 2009,
drawing my attention to recent action by Dutch customs authorities
regarding in-transit generic medicines manufactured in India.
The issue at stake is certainly very important and sensitive. As such,
it deserves to be adequately addressed so that efforts to enhance access
to medicines are supported and the creation of barriers to legitimate
trade in generics is avoided. In this regard, your letter rightly points
out the strong determination of all WTO Members to promote access to
medicines for all which was explicitly confirmed in 2001 when the Doha
Declaration on the TRIPS Agreement and Public Health was adopted.
As you are aware, the delegations of Brazil and India raised this matter
at the WTO’s General Council meeting on 3 February 2009 and at the TRIPS
Council meeting on 3 March 2009. On those occasions, the delegation of
the European Communities reiterated its commitment to the efforts being
made to facilitate access to medicines. I understand that the matter is
also being further explored at the bilateral level between the Members
concerned.
This is why I sense that at this stage Article 5 of the DSU concerning
disputes is not of relevance in this case.
I nevertheless remain ready to help Members who require my assistance to
help find a solution to a disagreement with other Members, if this
disagreement were to persist.
I trust the above addresses your queries and I remain at your disposal
to further address this issue.
Yours sincerely,
Pascal Lamy
by e-mail: thiru@keionline.org
BUKO Pharma-Kampagne, Christian Wagner-Ahlfs
Consumers International, Bjarne Pedersen
Consumers Union, Chris Murray
Essential Action, Robert Weissman
HAI Africa, Patrick Mubangizi
HAI Asia Pacific, Kumariah Balasubramaniam
HAI Europe, Teresa Alves
HAI Global, Tim Reed
HAI Latin America and Caribbean, Roberto Lopez
Health GAP, Brook Baker
IQsensato, Nicoletta Dentico
Knowledge Ecology International, James Love
Medico International, Thomas Gebauer
Oxfam International, Jenny Heap
Third World Network, Sangeeta Shashikant
U.S. PIRG, Edmund Mierzwinski
CC:
Mr. Kunio Mikuriya, World Customs Organization
Mr. Francis Gurry, World Intellectual Property Organization
Dr. Margaret Chan, World Health Organization
H.E. Mr. Mario Matus (Chile) Chair, WTO General Council
H.E. Ms. Karen Tan (Singapore), WTO Council for TRIPS
154, rue de Lausanne, 1211 Geneva 21, Switzerland
Tel.: (+41 22) 739 51 00
Fax: (+41 12) 739 54 60