The meeting, however, failed to produce any resolution. "The different positions of the two sides were explained and facts were put on the table, but we have not yet come up with any solution," said Guellner.
The spokesperson, however, emphasised that the Indian side "was happy with the dialogue".
Last month, the Indian mission to the World Trade Organization (WTO) in Geneva informed a TRIPS (Trade-Related Aspects of Intellectual Property Rights) council meeting that widespread and repeated seizures were having an adverse impact on the legitimate trade of generic medicines, universal access to medicines in developing countries and national public health budgets.
Along with Brazil, India had threatened to formally take up the matter with the WTO dispute settlement body. However, at the recently-held India-EU summit, European Trade Commissioner Catherine Ashton assured her Indian counterpart, Commerce Minister Anand Sharma, that EU's "commitment on the pharma generic issues is to find a solution that works for India".
Thursday's meeting between Customs official followed this commitment.
There have been almost 20 seizures of Indian-made generic drugs in transit at European ports recently on the grounds of alleged patent infringement. In 2008, 16 seizures were reported in the Netherlands alone. In addition, a consignment of 3.04 million tablets of popular antibiotic, Amoxicillin, enroute from Mumbai to Vanuatu, wasstopped in Frankfurt earlier this year.
Indiaand public health NGOs have claimed that these seizures were not only illegal since they contravened WTO norms, but were also damaging to developing countries by denying or delaying them access to life saving medicines.
All the consignments seized were eventually found to be legal, the generics in question off-patent.
But despite the protests, another seizure in October took place when a shipment of 1.74 million tablets of anti-platelet drug Clopidogrel from Mumbai-basedMacleods Pharma to Venezuela was stopped in the Paris airport.
EUcites domestic customs laws that allow goods in transit to be stopped if they are suspected of being either illegal or substandard as justification. India, however, maintains that European countries are creating trade barriers against Indian drug companies to protect the interests of their firms.
Atissue is also the question of whether customs officials have the competence to judge intellectual property rights infringements. This is something that was discussed at Thursday's meeting, according to Guellner.
"BothIndia and EU agree that customs has the right to stop goods in transit as long as this does not hinder legitimate trade. The concern is whether the EU's current regulation 1383, which lays out what European customs can and cannot do, is a hindrance."
Thespokesperson explained that the main issue in need of further discussion was the matter of what constituted sufficient reason for customs officials to stop a particular consignment. "What is under debate is when regulation 1383 can and should be activated."
"Oncethis becomes clarified it may present a possible solution," said Guellner, while stressing that the number of consignments stopped at European ports were only a small percentage of the total shipments from India that passed through Europe.
"It'sreally a technical issue but with political ramifications," he said. No date for the next round of discussions has been set yet.