Kumar: European Border Measures and Trade in Generic Pharmaceuticals: Issues of TRIPs, Doha Declaration and Public Health

Shashank Kumar (National Law Univ., Jodhpur) has posted European Border Measures and Trade in Generic Pharmaceuticals: Issues of TRIPs, Doha Declaration and Public Health (International Trade Law & Regulation, Vol. 15, No. 6, pp.176-184, 2009). Here's the abstract:

This work seeks to analyze European efforts at promoting higher standards of IP protection and enforcement through border measures. In doing so, it traces the evolution of EC Regulation 1383/03 and identifies trends in its systemic enforcement against in-transit generic pharmaceuticals. The analysis of the European border measures reveals that in addition to the relevant law, the EC has undertaken several bilateral and multilateral efforts to supplement its maximalist agenda in border enforcement. Further, it raises some important issues relating to the interpretation of the TRIPS Agreement, the jurisprudential implications of the Doha Declaration and the human right to health.