[Pharm-policy] legality of parallel imports

[James Love]

I should clarify my comment yesterday regarding the legality of parallel
imports in the USA.  As a matter of US patent law, parallel imports are
legal.  In the special case of pharmacueticals, parallel imports are
restricted under our system of regulation of health and saftey of
pharmaceuticals, as is the case in several other countries, but not
others.  For example, parallel imports of pharmaceuticals are legal for
members of the European Union. (I am not sure if this is some or all of
the EU member countries.  It is certainly true for many). The US
restrictions on parallel imports of pharmaceuticals have a basis in US
FDA statutes, but not in US patent law.
    Jamie                                                                          
 
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James Love, Consumer Project on Technology    
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