164. The representative of Brazil said that the European Communities was not the only delegation that confused generic, counterfeit and fake medicines. However, the EC assertion that it was legitimate to verify medicines on the basis of the law of the country of transit was particularly worrisome. The EC Regulation allowed customs to seize medicines on the basis of whether there was an infringement in the country of transit, not the country of origin or destination, and this would be the applicable law if one were to seek redress in court. This practice would continue to prevent the legitimate transit of generic drugs. He also urged the European Communities to make sure that the principle of territoriality was respected. Even though it said that it had done so, it only respected the principle of the EC territoriality when it controlled a shipment.
