Médecins Sans Frontières is deeply concerned about the position taken by the European Parliament allowing European Union enforcement of European trademarks on goods in transit, including on generic medicines. MSF is very disappointed to see the EU Parliament follow the lead of the EU Commission in favouring intellectual property rights holders. The seizure and detention of generic medicines in transit can lead to harmful delays for people who need access to life-saving medicines. In addition, the detention and risk of destruction of medicines in transit can have a chilling effect on trade in generic medicines, and increase costs for generic manufacturers and suppliers or treatment providers such as MSF.
MSF is aware of at least 20 seizures of legitimate generic medicines in transit through Europe that were on their way to patients in developing countries.
A broad definition of trademark infringement, coupled with a focus on in-transit products, will lead to seizures of legitimate generic medicines. This is beyond the enforcement obligation required under the TRIPS Agreement, which clearly states that goods in transit to another country should be exempted. Although such rules are proposed only under the EU framework, its far-reaching impact on rights of other developing countries to export and import legitimate generic medicines should not be overlooked.
Instituting this enforcement policy without meaningful safeguards against over-enforcement and abuse by rights holders will lead to barriers to movement of generic medicines. The EU already has one of the most stringent and rights-holder-friendly customs enforcement regimes in the world; this addition unnecessarily enforces that position.
MSF response to European Parliament proposals of EU enforcement of European trademarks on goods in transit:
“If the EU decides to strengthen in-transit scrutiny of legitimate generic medicines under the banner of trademark infringement, it will create new barriers to the flow of generic medicines that are on their way to patients who need them. If this measure is adopted, it will show that the European Parliament favours the interests of intellectual property rights holders over public health interests, and will send the message that the EU is a 'no-go' zone for generic medicines intended for poor countries.
“If this position is made EU policy, it could drastically change how quickly and effectively MSF can deliver medicines to patients in need, because these medicines could end up being either seized or delayed while in transit through Europe.”
“MSF strongly urges European Union Member States to stand strong against both the Parliament and the Commission in upcoming negotiations, to exclude any in-transit provisions under the trademark proposal and ensure that generic medicines can safely pass through Europe to developing countries in need in the future.”
- Helle Aagaard, EU Policy and Advocacy Advisor, Médecins Sans Frontières Access Campaign
Update
On July 23rd, 2014, the EU moved closer to adopting trademark legislation that could drastically affect how quickly and effectively MSF can deliver medicines to patients in need.