[Pharm-policy] Letter on HR2100, US parallel import legislation

[James Love]

---------- Forwarded message ----------
Date: Wed, 22 Mar 2000 19:45:39 -0500 (EST)
From: James Love <love@cptech.org>
To: ip-health@venice.essential.org
Subject: [Ip-health] Letter on HR2100, US parallel import legislation



>From Tate.Heuer@mail.house.gov Wed Mar 22 19:43:13 2000
Date: Wed, 22 Mar 2000 19:02:22 -0500
From: "Heuer, Tate" <Tate.Heuer@mail.house.gov>
To: James Love <love@cptech.org>
Subject: FW: Dear Colleague; Judiciary; HR2100 -- Product Antitampering Bi ll

--fyi

This is a bipartisan dear colleague my office is sending out regarding
legislation that could be considered by the house judiciary committee's
courts and intellectual property subcommittee tomorrow.  --Tate

> March 23, 2000
> 
> LEGISLATION TO RESTRICT CONSUMER ACCESS TO AUTHENTIC BRAND-NAME PRODUCTS
> SHOULD NOT BE MASQUERADING AS CONSUMER PROTECTION LEGISLATION
>       
> OPPOSE THE ANTITAMPERING ACT OF 1999, H.R. 2100, IN ITS CURRENT FORM
> 
> Dear Colleague:
> 
> 	We are writing to request that you oppose H.R. 2100, the
> Antitampering Act of 1999, in its current form.  The Act would cause the
> loss of hundreds of thousands of U.S. jobs, mandate the closure of
> hundreds of small, tax-paying businesses and will deprive Americans of
> genuine, brand name products for which they currently have affordable
> access.  H.R. 2100 is opposed by consumer groups such as the Consumers
> Union, which publishes Consumer Reports. 
> 
> 	Although H.R. 2100 was promoted as legislation designed to curb
> counterfeiting activity, this bill has little to do with counterfeit
> goods.  Manufacturers' product identification codes only appear on genuine
> products produced by the manufacturers themselves.  Counterfeiters copy
> these products, they do not resell authentic products.   H.R. 2100 will
> severely threaten the legal and desirable secondary marketplace, which
> sells genuine merchandise manufactured directly under the authority of the
> intellectual property owner.  Parallel traders are tax-paying businesses
> legitimately competing in a marketplace so that consumers benefit from
> lower prices and more products.  These businessmen do not deal in
> counterfeit product; their very livelihood depends upon the maintenance of
> a product's intellectual property and integrity. 
> 
> 	The parallel marketplace is a legitimate industry twice upheld by
> the U.S. Supreme Court.  The legitimate competition created by the
> secondary, or parallel, market provides less expensive prices in outlets
> more accessible to rural consumers and lower income constituents
> throughout the nation.   H.R. 2100, however, intends to decimate this
> trade by protecting the manufacturers' ability to retaliate against
> suppliers and distributors.  The bill not only safeguards batch codes,
> which are important for purposes of promoting consumer health and safety
> and assisting law enforcement efforts, but it also may be relied upon to
> protect disguised and incomprehensible symbols used by manufacturers to
> track product distribution and resale.  Legitimate parallel market traders
> remove these distribution codes to protect their suppliers; they do not,
> however, alter manufacturer batch codes because the means of effective
> product recall must be maintained.  Accordingly, H.R. 2100 must not be
> passed until and unless it includes specific language that protects and
> preserves the parallel marketplace --- an industry vital to the
> maintenance of free competition in this country and which is necessary to
> meet the needs of American Consumers. 
> 
> 	We urge you to oppose H.R. 2100 in its current form if and when it
> should be presented for a vote.  There is absolutely no question that your
> constituents, as well as ours, will be fundamentally hurt by this
> legislation, which puts the needs of big business manufacturers over the
> needs of consumers and American small businesses. 
> 
> 	Please feel free to contact Tate Heuer in Congressman Berry's office
> at x54076 or Tom Intorcio in Congressman Diaz-Balart's office at x54211 if
> your office would like more information concerning this issue.
> 
> 					Sincerely,
> 
> MARION BERRY					LINCOLN DIAZ-BALART
> Member of Congress					Member of Congress
> 



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