[Ip-health] Parallel Importation Bill and the US-Australia FTA

[Mike Palmedo]

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[ Picked text/plain from multipart/alternative ]
On January 10, Senators Dorgan and Snowe introduced this year's parallel im=
port bill, S. 242 - The Pharmaceutical Market Access and Drug Safety Act (t=
here's an identical bill in the House).   This bill specifies Australia as =
a country from which the US would allow parallel imports of drugs. The US-A=
ustralia FTA includes a provision meant to block parallel imports.

Sec. 4 (d)(1)(B) of the Pharmaceutical Market Access and Drug Safety Act (p=
age 91) reads=85

          Exhaustion...

         ...It shall not be an act of infringement to use, offer to sell, o=
r sell within the United States or to import into the United States any pat=
ented invention under section 804 of the Federal Food Drug and Cosmetic Act=
 that was first sold abroad by or under authority of the owner or licensee =
of such patent.

Article 17.9(4) of the US-Australia FTA reads=85

                Each Party shall provide that the exclusive right of the pa=
tent owner to prevent importation of a patented product, or a product that =
results from a patented process, without the consent of the patent owner sh=
all not be limited by the sale or distribution of that product outside its =
territory, at least where the patentee has placed restrictions on importati=
on by contract or other means.


Comments from folks on the list about the potential conflict here?