World Trade Organization (WTO) dispute simulation - Drug Seizure = India/Brazil (Complainant) - Essay Example

nvenience and efficiency; EU commitments to the TRIPS agreement, relating to the non-creation of trade barriers, where the detentions are deemed to be such trade barriers, with the rights given to patent owners of intellectual property such as drug patents in this case, caused delays that are deemed to be non-fair, non-equitable, full of complications, and are without warrant; the TRIPS Agreement Article 31, Article 6 of which had been threshed out as to the details, relating to access to medications of countries who have no wherewithal to gain access to them internally or through other means than such trade as India offers in the generic drugs in dispute (Ministry of Commerce and Industry; Mara; Saez; New; OseiTutu; Conectas- Human Rights; The Pharmaceutical News; Freedman; Raja; Ruse-Khan; Baker).

Brazil,a co-party to the dispute lodged by India against the seizure and detention of generics bound for Latin America, also cited violations of the GATT and TRIPS agreements, in particular the following provisions in both, by the European Union and the Netherlands (Ministry of Commerce and Industry; Mara; Saez; New; OseiTutu; Conectas- Human Rights; The Pharmaceutical News; Freedman; Raja; Ruse-Khan; Baker): Articles 5.1, 5.2, 5.3, 5.4, 5.5, 5.7 and 10.3 of the GATT, as well as possible violations under Articles 1.

1, 2, 28, 31, 41.1, 41.2, 42, 49, 50.3, 50.7, 50.8, 51, 52, 53.1, 53.2, 54, 55, 58 (b) and 59 of the TRIPS Agreement and Article 4bis of the Paris Convention of 1967. He also mentioned Article 16.4 of the WTO Agreement (Raja) The dispute is in the context of repeated detentions made by the Dutch authorities of generic drug shipments passing through the Netherlands on their way to other countries, coming from India, citing the controversial Border Measures Regulation or BMR 1383/2003, wherein the intellectual property aspects of such shipments were interpreted to allow for such detentions, with intense lobbying from the big pharmaceutical firms, whose