USTR: DHHS to review 301 issues when health is involved

[James Love <love@cptech.org>]

Things are going very well in Seattle.  This is very good news. Jamie

			OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
			  EXECUTIVE OFFICE OF THE PRESIDENT
				WASHINGTON, D.C.
					20508

						99-98
FOR IMMEDIATE RELEASE				Contact: Thomas Tripp
December 1, 1999				Helaine Klasky
						Amy Stilwell
						(202) 395-3230

	THE PROTECTION OF INTELLECTUAL PROPERTY AND HEALTH POLICY
	
United States Trade Representative Charlene Barshefsky and Health and
Human Services Secretary Donna E. Shalala today announced their intention
to develop a cooperative approach on health-related intellectual property
matters to ensure that the application of U.S. trade law related to
intellectual property remains sufficiently flexible to respond to
legitimate public health crises.  In addition, Ambassador Barshefsky
announced the removal of the Republic of South Africa from the special 301
"watch list."

"Recent developments in AIDS treatments give us all hope for helping those
already living with HIV and for preventing new infections by interrupting
maternal to child transmission.  The challenge of making treatments a
viable option for those who need them is one that eludes simple answer"
said Secretary Shalala.  "THe United States will continue to work with its
partner nations, multilateral organizations, industry, and affected
communities to improve access to treatment."

"A modern patent system helps promote the rapid innovation, development,
and commercialization of effective and safe drug therapies-therapies such
as those now being deployed in the war against HIV/AIDS" sad Ambassador
Barshefsky.  "Secretary Shalala and I believe that sound public health
policy and intellectual property protection are, and must continue to be,
mutually supportive."

Recognizing that health emergencies may require special measures, USTR and
HHS are working together to establish a process for analyzing and
evaluating health issues that arise in the application of U.S.
trade-related intellectual property law and policy.  When a foreign
government expresses concern that U.S. trade law related to intellectual
property significantly impedes its ability to address a health crisis in
that country, USTR will seek and give full weight to the advice of HHS
regarding the health considerations involved.  This process will permit
the application of U.S. trade-related intellectual property law to remain
sufficiently flexible to react to public health crises brought to the
attention of USTR.  It will also ensure that the minimum standards of the
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) are respected.

TRIPS provides minimum standards for protecting intellectual property
rights.  For example, TRIPS requires WTO members to grant time-limited
exclusive rights through patents, while permitting use without the
authorization of the right-holder (e.g., compulsory licensing) under
certain limited circumstances and conditions.  The provisions of the TRIPS
Agreement are being phased-in over time.  January 1, 2000, is an important
implementation date for developing countries.  The Agreement takes special
note of the least-developed countries; obligations on these countries
generally do not apply until 2006.

Ambassador Barshefsky also announced that she is removing South Africa
from the special 301 "watch list."  The recent bilateral understanding
developed with South Africa illustrates the complementary nature of sound
public health and intellectual property policies.  Under the September 17,
1999, understanding, both Governments reaffirmed their shared objective of
fully protecting intellectual property rights under the WTO TRIPS
Agreement, while addressing the health issues identified by South Africa.  
South Africa agreed that it would address health needs in a manner that
fully protects intellectual property rights.  Ambassador Barshefsky took
this actions as a result of this understanding, as well as other steps
South Africa has and is taking to improve further the protection of
intellectual property.

------------------------------- 
James Love Center for Study of Responsive
Law | Consumer Project on Technology P.O. Box 19367, Washington, DC 20036
| http://www.cptech.org Voice 202/387-8030 | Fax 202/234-5176 |
love@cptech.org