tag:blogger.com,1999:blog-5574479.post952831632904908090..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Border detention of counterfeit and/or "counterfeit" pharma productsVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-63170429429365440102010-05-06T05:04:50.419+01:002010-05-06T05:04:50.419+01:00I am from the generic drug business in India and w...I am from the generic drug business in India and will try to give a simple answer: <br />Why through Europe!<br /><br />The answer is simple- European airlines provide some of the best connectivity and access to the markets from India. <br /><br />So, its not like Indian generic sellers purposely want to enter Europe in the first place...<br />A look at the globe will make you realise that our air trade routes will mostly pass via Europe or rarely some place in the UAE/ Constantinopole / Istanbul segment.<br /><br />So if there are no flights from most Indian cities to South America, then we are forced to use European carriers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55871114557579679072010-05-05T17:28:26.715+01:002010-05-05T17:28:26.715+01:00"[t]he IPKat doesn't see why infringing a..."[t]he IPKat doesn't see why <i>infringing</i> and <i>potentially lethal</i> pharma products shouldn't be treated the same way." (italics added.)<br />Methinks the IPKat is falling into the hole dug by the IP rights holders - the conflation of IP rights (here the right to prevent the import, or even perhaps the transit, of infringing goods) and the public safety. The Kat's evident view that goods infringing an IP right in a territory should not be allowed to transit that territory while moving between two other territories in which the right does not exist is all very well, though I disagree with it; but the gratuitous suggestion that such goods might be lethal does not help the argument when the countries of manufacture and intended consumption consider them acceptable.Dereknoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41117551717536663632010-05-05T16:30:51.391+01:002010-05-05T16:30:51.391+01:00Why all the whingeing from india in the first plac...Why all the whingeing from india in the first place? Do your homework - don't bring patent protected material into a patent protected country. There are plenty of ways in which pharmaceutical products en route from, say, India to Brazil, can get there without going through those European countries in which patents / SPCs are in place, say the Netherlands. If fortress Europe loses out on some shipping traffic as a result, then so be it. <br /><br />If the EU legislators wobble on this point, and allow some exception for "goods in transit", then a great number of sharp teeth are removed from the legislation allowing customs seizures, and thus devaluing patent rights. <br /><br />I'm with the Kat on this one.Anonymousnoreply@blogger.com