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Developing Countries And Intellectual Property Enforcement Measures: Improving Access To Medicines Through Wto Dispute Settlement, Melissa Blue Sky
Developing Countries And Intellectual Property Enforcement Measures: Improving Access To Medicines Through Wto Dispute Settlement, Melissa Blue Sky
Melissa Blue Sky
In 2008 and 2009 customs officials in the European Union, alleging patent infringement, detained and seized generic medicines in transit from India and Brazil. The two countries both requested consultations through the World Trade Organization’s Dispute Settlement Understanding (“DSU”) based on alleged violations of the Agreement on Trade-Related Aspects of International Property Rights (“TRIPS”) and other Agreements. These disputes are different from all prior—they are premised upon the claim that the EU violated the TRIPS agreement through use of its border measures that went beyond the TRIPS minimum standards, rather than claiming that the other country is not meeting those …