The Enforcement Provisions of the EU-India FTA: Implications for Access to Medicines
MSF briefing document outlining what concerns MSF when it comes to the enforcement provisions in the EU-India FTA negotiations.
"The EU’s proposed text on enforcement of intellectual property rights undermines the legitimate interests of poor patients and Indian generic manufacturers. The EU is proposing an ambitious enforcement mechanism involving courts, executive authorities, private parties and customs authorities. The provisions would widen the scope of actors that could have penalties brought against them and also increase the likelihood that wrongful searches, seizures and legal actions against legitimate suppliers of generic medicines will be carried out. These stricter enforcement measures proposed by the EU go beyond the requirements of the 1994 Trade-Related Aspects of Intellectual Property Rights, or TRIPS, Agreement and will negatively affect millions of people relying on affordable generic medicines produced in India."