Row over generic drugs intensifies after seizure in Germany

NEW DELHI: German authorities last month seized a large consignment of antibiotic Amoxicillin made by Chennai-based Medopharm during transit at
Frankfurt over alleged trademark infringement, in the latest incident of European Union nations interfering in legitimate trade of generic medicine. Amoxicillin is used to treat a wide range of bacterial infections. Medopharm was exporting its drugs to Republic of Vanuatu in the Pacific. The development has intensified global healthcare groups’ and Indian drugmakers’ opposition to the EU Border Measures Regulation that allows seizure of drugs during transit for alleged patent, trademark violation and counterfeit charges. “There is no valid reason for detaining these medicines especially since the name Amoxicillin is an international non-proprietary name (INN),” said a joint statement issued by five social organisations, Health Action International (HAI), Oxfam International, BUKO-pharma, Medico International and Third World Network. The consignment worth e28,000, seized on May 5, was released on May 20 after British company GlaxoSmithKline, the former patent holder for Amoxil brand of Amoxicillin, said that there was no trademark infringement. “This seizure is the latest in the list of cases that demonstrate that EU regulations are actively hampering timely access to medicines to developing countries,” it added. Last year, 17 consignments of Indian medicines were halted at the Netherlands. This year again, the Dutch authorities seized several Indian consignments, including those of Dr Reddy’s, Aurobindo and Cipla. The Frankfurt seizure was the first in Germany. The group of NGOs has asked the European Commission to take immediate steps to ensure that its regulations and laws do not deny developing countries timely access to essential medicines.