[Ip-health] Critical Path letter in support of Protecting Free Trade in Pharms Act of 2005

[Mike Palmedo]

August 3, 2005

U.S. Representative Ann Northup
2459 Rayburn House Office Building
Washington, D.C. 20515-1703

U.S. Representative Rosa De Lauro
2262 Rayburn House Office Building
Washington, D.C. 20515-0703

Dear Representative Northup and Representative De Lauro:

Congratulations on introducing H.R. 3583 and the Senate companion bill,
S. 1551, the "Protecting Free Trade in Pharmaceuticals Act of 2005."

The bill would require the U.S. Trade Representative (USTR) to appoint
representatives of the interests of prescription drug consumers to an
Advisory Committee that plays an influential role in shaping U.S. trade
policy on pharmaceuticals.  This is an important first step in assuring
that Congress and the public can participate democratically in the trade
policy process, and that the USTR achieves its mandated objective under
the Trade Promotion Act of 2002 to protect the public's health,
including access to affordable medicines.

USTR Advisory Committees are required by law to represent a fair balance
of views.  However, seven out of 15 members of the advisory committee on
Intellectual Property represent the pharmaceutical industry, while there
are no representatives for public health or consumers of prescription
drugs.  Among all the committees, the industry holds 20 seats, and
public health none.

CPATH's analysis, presented in testimony to the House Ways and Means
Committee in 2004, revealed that the U.S.-Australia Free Trade Agreement
retained obscure provisions that could obstruct future U.S. laws
authorizing reimportation of prescription drugs, despite the fact that
the USTR claimed to have fixed the problem.  A majority of Congress has
expressed support for reimportation as one method to offer Americans
affordable prescription drugs. CPATH also found that this agreement
threatens affordable drug prices for the Department of Veterans Affairs,
Medicare, Medicaid, and community health centers.  Under present rules,
trade agreements cannot be amended once introduced to Congress.  Despite
widespread opposition to the pharmaceutical provisions, many
policymakers were forced to choose between a wide-ranging proposal they
otherwise supported, and threats to public health.

Congress and the public should not be asked routinely to trade off
public health for other economic benefits.  H.R. 3583 would give
knowledgeable advocates the opportunity to make the case for provisions
that protect health while negotiations are still underway, by assuring
them a seat on the USTR Advisory Committee on intellectual property.  It
also assures that the USTR will appoint these representatives in a
timely manner, by mandating that any meetings convened after passage of
this bill must include consumer representatives.

CPATH has identified at least 8 trade Advisory Committees that include
pharmaceutical industry representatives, and/or have commented on
intellectual property provisions related to pharmaceuticals. Future
bills could strengthen protections for prescription drug consumers by
requiring that each of these committees include public health
representation in order to achieve a fair balance of interests as
required by law.

CPATH has also asked the USTR make all Advisory Committee proceedings
publicly available, as opposed to their current confidential status.
While the USTR made public its proposals for the General Agreement on
Trade in Services in 2003, it has declined to do so in 2005.  Future
legislation could require the USTR to operate in a transparent and
democratic manner.

CPATH looks forward to working with you on this important legislation.
Thank you for your work.


Sincerely,


Joseph E. Brenner, MA
Ellen R. Shaffer, PhD MPH
Co-Directors, CPATH


Copy to:
Senator Vitter
Senator Stabenow