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Joe Papovich of USTR: we raise no objection to compulsorylicensing or parallel importing of pharmaceuticals onthe part of South Africa (if TRIPS compliant)
US trade policy is changing slowly but steadily. Yesterday, for
the first time, USTR said it had no objections to compulsory
licensing or parallel importing of pharmaceuticals in South
Africa, "as long as it is done in a way that complies with
TRIPS." Members of Congress immediately asked USTR to provide
the Congress with a written account of what USTR means when it
talks about compliance with TRIPS, and USTR promised to provide
such a statement.
Here is a quote from the testimony of Joseph Papovich, Director
of Services, Investment, and Intellectual Property for USTR,
before the House Subcommittee on Criminal Justice,Human Resources
and Drug Policy, Committee on Government Reform. July 22, 1998.
We realize that AIDS is a special case which may
require special measures. Thus, while we do not
believe that compromising intellectual property rights
is the solution to the greater problem, contrary to our
general approach, we raise no objection to compulsory
licensing or parallel importing of pharmaceuticals on
the part of South Africa, as long as it is done in a
way that complies with TRIPS. Of course, we are also
committed to working with South Africa to ensure the
safety and efficacy of pharmaceutical imports. This is
the policy of the Administration.
--
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