EU Commissioner-designate De Gucht questioned on generic medicine

2 February 2010

Karel De Gucht, the current European Commissioner for Development Assistance and a former Belgian Foreign Minister, is due to take over the trade portfolio in February. During his hearing, Memeber of the European Parliament David Martin (S&D, UK) asked whether the Commissioner-designate planned to facilitate trade in generic medicines to developing countries in need by applying Trade-related Aspects of Intellectual Property Rights (TRIPS)-plus provisions in free trade agreements. Mr Martin stated that "we spend millions tackling AIDS and other diseases in the developing world, but trade policy sometimes denies medicines to people."

Mr De Gucht tried to provide a balanced reply. He affirmed that he is "a strong believer that every human being has a fundamental right to medicines." In his opinion, the question is complicated because it involves intellectual property rights, which should also be respected.

Mr De Gucht made a commitment to review European Union regulations that have been used at times by brand name pharmaceutical manufacturers to impede the trade of generic medicines through the EU. Last year a consignment of Indian generics bound for Brazil were impounded by Dutch customs authorities when they passed through Rotterdam, at the instigation of companies claiming breaches of intellectual property rights. He emphasized that it will take time to implement changes.

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