[Pharm-policy] (no subject)

[James Love]

-----Original Message-----
>From Greg Perry <EGA2@csi.com>
Subject: Re: Bolar

 Jamie
 
Despite recent draft decision of WTO the EU is still insisting that
Central and Eastern European  (CEE) countries drop their Bolar
provisions. In recent discussions between the the Czech Government
and  the EU we have been informed that the Czech Republic has been
threaten with being blocked EU membership if they continue with the
proposed draft patent law which includes a Bolar provision.!! Because
of this threat the Czech Government has requested the  draft law  to
be sent back to the Parliamentary Committee for "reconsideration."

You may recall that this was what happened in Cyprus. As you may
recall the Cypriot Parliament was in favour of a Bolar provision but
under pressure from the USA and EU they were forced to drop the
provisions out of fear of destroying their chances of EU membership.
 
Yous should also note that Bolar issues are not in fact covered by EU
law but by national law. Consequently they do not form part of the "EU
Acquis" that Accession countries must adopt .However, EU negotiators
are insisting that the issue should be viewed as though it is part of
Acquis since the EU had taken a common position to oppose such
provisions in the WTO.

If it were possible in TACD to condem the action of the EU in placing
the pressure on CEE countries to drop their provisions this may help
us in our arguments in Brussels.
 
Thanks
 
Greg