Abstract
The customs authorities in the Netherland, based on complaints of alleged infringement by alleged owners of patents, seized a substantial number of consignments of generic drugs from India in transit through the EU. The customs authorities in the Netherlands, France, Germany and the UK seized at least 19 consignments of generic drugs in 2008 and 2009, 16 of which originated in India while in transit on their way to customers in Asia, Africa and Latin America. These consignments were initially detained and later, either destroyed or returned to India. In a few cases, the consignments were permitted to proceed to the destination country after considerable delay. On 5 May, 2009, Amoxicillin is an essential medicine used to treat a wide range of bacterial infections while in transit through Frankfurt, Germany destined for a Least Developed Country, the Republic of Vanuatu, was seized by customs officials. The seizures were made on grounds of alleged trademark violation although GlaxoSmithKline (GSK). There seems no valid reason for detaining these medicines especially since the name “Amoxicillin” is an international non-proprietary name (INN).
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