Feb 1998 letter from 47 members of Congress asking for trade pressures against South Africa

[James Love <love@cptech.org>]

-	Feb 1998 letter from 47 members of Congress asking 
	for trade pressures against South Africa

The following is a letter that was sent last year, February 2,
1998, by 47 members of the US Congress, to USTR Charlene
Barshefsky, asking for trade pressures against South Africa.  The
letter falsely asserts that both compulsory licensing (referred
to as expropriation of patented technology) and parallel imports
are violations of the WTO TRIPS accord.  The parallel imports
issue is a very straightforward falsehood, since Article 6
of the TRIPS specifically makes parallel imports a matter for
national policy.  The issue of compulsory licensing is addressed
by claiming that "Article 27 prohibits discrimination in the
enjoyment of patent rights based on the field of technology." If
this is an assertion that a country cannot single out
pharmaceuticals for parallel importing it is clearly wrong.

The letter is evidence that last year there was broad bipartisan 
Congressional support for trade sanctions against South Africa.
The letter has roughly the same number of democrat and republican
signatures.  NJ is by far the largest state represented. Most of
the people signing the letter know next to nothing of about the
WTO TRIPS agreement, and were undoubtedly happy to do this for
the pharmaceutical companies they solicit campaign funds from. 
We never heard from a single member of Congress about the letter 
at the time, and it is doubtful that any of the members that 
signed the letter made any effort to independently evaluate 
the pharmaceutical industry's special interest pleading.  

    Jamie Love <love@cptech.org>

http://www.cptech.org/ip/health/sa/feb2-1998.html


February 2, 1998

Ms. Charlene Barshefsky
United States Trade Representative
600 17th Street
Washington, D.C.  20508

Dear Ms. Barshefsky:

We are writing to urge that the Administration respond to a law
recently enacted by the Government of South Africa which
effectively abrogates the intellectual property rights of foreign
pharmaceutical companies operating in South Africa. These rights
are guaranteed by the WTO Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS), to which South Africa is a
signatory.

The new law contains at least two egregious provisions. First, it
permits the parallel importation of patented products and second,
it allows for the administrative expropriation of patented
technology.

Both provisions are violations of the TRIPS Agreement. Article 28
of the Agreement obligates member countries to prohibit parallel
imports of patented products and Article 27 prohibits
discrimination on the enjoyment of patent rights based on the
field of technology.

As South Africa seeks to establish itself in the world market, it
needs the assistance of the international community to create
jobs and economics opportunity. Weakening intellectual property
protection in any field is certain to lessen, rather than enhance
South Africa's ability to attract vitally needed foreign direct
investment.

We hope to work with the South African government in its pursuit
of equitable social reforms, including those within the health
sector. However, the implications of this law are so great that
in the absence of its repeal, we must urge you to pursue all
appropriate actions, including if necessary with the WTO.

Sincerely,

Congressman Bob Menendez (D-NJ)
Ranking Member 
House Subcommittee on Africa

Congressman Edward Royce (R-CA)
Chairman
House Subcommittee on Africa

Senator Bob Toricelli (D-NJ)

Senator Frank Lautenberg (D-NJ)

Congressman Chris Smith (R-NJ)

Congressman Howard Coble (R-NC)

Congressman Tom Lantos (D-CA)

Congressman Rodney Frelinghuysen (R-NJ)

Congressman Frank Pallone (D-NJ)

Congressman Donald Payne (D-NJ)

Congressman Bob Franks (R-NJ)

Congressman Jim McDermott (D-WA)

Congressman Scott Klug

Congressman Rob Andrews (R-NJ)

Congressman Steve Rothman (D-NJ)

Congressman Ken Calvert (R-CA)

Congressman Steve Chabot (R-OH)

Congressman Mark Sanford (R-SC)

Congressman Bill Pascrell, Jr. (D-NJ)

Congressman Carrie Meek (D-FL)

Congressman Sam Gejdenson (D-CT)

Congressman James Traficant (D-OH)

Congressman Dan Burton (R-IN)

Congressman Gary Ackerman (D-NY)

Congressman Brad Sherman (D-CA)

Congressman Eni Faleomavaega (D-AS)

Congressman Gerald Solomon (R-NY)

Congressman Martin Frost (D-TX)

Congressman Elton Gallegly (R-CA)

Congressman Frank LoBiondo (R-NJ)

Congressman John Hostettler (R-IN)

Congressman John Peterson (R-PA)

Congressman Merill Cook (R-UT)

Congressman Jim Davis (D-FL)

Congressman John Porter (R-IL)

Congressman Edolphus Towns (D-NY)

Congressman Jim Saxton (R-NJ)

Congressman David Price (D-NC)

Congressman David Drier (R-CA)

Congressman Don Manzullo (R-IL)

Congresswoman Carolyn Maloney (D-NY)

Congressman Stephen Horn (R-CA)

Congressman Robert Wexler (D-FL)

Congresswoman Julia Carson (D-IN)

Congressman Michael Pappas (R-NJ)

Congresswoman Juanita Millender-McDonald (D-CA)

Congressman Dana Rohrabacher (R-CA)

-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org