The European Union (EU) is now pushing for stricter border measures for IPR enforcements in the EU-India Free Trade Agreement (FTA) negotiations, which will impact access to generic medicines.
Stringent EC Customs Regulations that allow European customs officials to detain generic medicines at transit points have been in place since 2003. This has resulted in detainment of many legitimate generic drug shipment of antibiotics and AIDS drugs, which were only in transit through the EU (going from one developing country to patients in other developing countries), on the grounds that they infringe European intellectual property law (patents and trademark). Later, it turned out that the medicines were not in violation of IP laws of the sending and recipient countries involved, but were legitimately produced by mainly Indian generic companies and were being imported by Brazil, Peru, Colombia, Mexico, Nigeria and other developing countries at affordable prices.