[Ip-health] PhRMA press release on the Special 301 Report

Jamie Love james.love at keionline.org
Fri May 3 11:04:56 PDT 2013

This is the PhRMA press release on the Special 301 Report.

Key points in the PhRMA PR:

* PhRMA "dismayed that USTR did not grant an out-of-cycle review for
India." PhRMA claims that India decisions involving German owned Bayer
and Swiss owned Novartis "disproportionately impacted U.S.
biopharmaceutical companies."  (Perhaps PhRMA could have said,
companies that have ownership claims on the US government).

* PhRMA "disappointed that USTR has changed Canada’s designation" from
Priorty to Watch List only.  Says, "heightened standard for patentable
utility for pharmaceutical patents is inconsistent with Canada’s trade
treaty obligations."

* PhRMA says that cost curbing reimbursement policies are IPR violations.

Published on PhRMA (http://phrma.org)

WASHINGTON, D.C. (May 1, 2013) – Pharmaceutical Research and
Manufacturers of America (PhRMA) International Vice President Jay
Taylor issued the following statement today:
Maintaining global incentives for research and development into new
medicines is essential for continued innovation of treatments for
improving the health and lives of patients. Worldwide respect for
intellectual property helps to ensure that patients around the globe
receive the benefits of future discoveries of life-saving medicines,
including the more than 5,000 medicines currently in development by
the pharmaceutical industry.

The Special 301 process garners high-level attention from our trading
partners -- attention that is needed to redress intellectual property
violations and market access concerns within individual markets and to
send signals to other U.S. trading partners that protecting American
intellectual property is important to the U.S. economy.

PhRMA and our members place a high priority on addressing the harm
caused by inadequate IP protection and by the market access barriers
put in place by some U.S. trading partners. We appreciate the
continuing efforts underway at all levels by USTR, the Departments of
State and Commerce, and the effective advocacy of U.S. overseas
missions to promote compliance with international obligations.

However, we are dismayed that USTR did not grant an out-of-cycle
review for India. The deteriorating protections for patented medicines
in India have become increasingly concerning. Over the past year, the
Government of India has issued several intellectual property decisions
that have disproportionately impacted U.S. biopharmaceutical companies
and a number of other innovative sectors. The IP regime in India has
been structured and applied in ways that prop up local industries to
the detriment of U.S. jobs and the worlds patients.

While PhRMA appreciates the fact that USTR raises serious concerns
regarding numerous Canadian pharmaceutical IP measures, we are
nonetheless disappointed that USTR has changed Canada’s designation
despite the fact that no progress has been made on this front.
Canadian policies and judicial opinions continue to harm international
innovators to the benefit of domestic industries. Canadian regulators
have, for example, created a discriminatory right of appeal regime
under which Canadian medicine manufacturers challenging the validity
of a medicine patent may appeal an adverse decision through an
administrative proceeding while innovative international
biopharmaceutical companies cannot. We also are concerned that the
heightened standard for patentable utility for pharmaceutical patents
is inconsistent with Canada’s trade treaty obligations. USTR and the
Interagency process should push Canada to provide more adequate IP

The value of IP protection should not be undermined by discriminatory
market access barriers, including discriminatory government pricing
and reimbursement policies. We welcome USTR’s recognition of market
access barriers faced by U.S. pharmaceutical companies and their
efforts to eliminate them in many countries in order to provide for
affordable health care today and support the innovation that assures
improved health care tomorrow.

PhRMA members look forward to working with the staff of the USTR as
they continue to represent the interests of U.S. consumers, patients,
workers and industry by addressing unfair trade practices in key
countries around the world.

The Pharmaceutical Research and Manufacturers of America (PhRMA)
represents the country’s leading innovative biopharmaceutical research
and biotechnology companies, which are devoted to discovering and
developing medicines that enable patients to live longer, healthier,
and more productive lives. Since 2000, PhRMA member companies have
invested approximately $550 billion in the search for new treatments
and cures, including an estimated $48.5 billion in 2012 alone.

Find PhRMA Online:
Website – http://www.phrma.org [1]
Facebook – www.facebook.com/PhRMA [2]
Blog – www.phrma.org/catalyst [3]
Twitter – www.Twitter.com/PhRMA [4] and www.Twitter.com/PhRMApress [5]
YouTube – www.youtube.com/PhRMApress [6]
For information on how innovative medicines save lives, visit:
http://www.innovation.org [7]
For information on the Partnership for Prescription Assistance, visit:
http://www.pparx.org [8]
For information on ensuring the flow of medicines during public health
emergencies, visit http://www.rxresponse.org [9]
Source URL: http://phrma.org/phrma-statement-on-2013-special-301-report
[1] http://www.phrma.org/
[2] http://www.facebook.com/PhRMA
[3] http://www.phrma.org/catalyst
[4] http://www.twitter.com/PhRMA
[5] http://www.twitter.com/PhRMApress
[6] http://www.youtube.com/PhRMApress
[7] http://www.innovation.org/
[8] http://www.pparx.org/
[9] http://www.rxresponse.org/
[10] http://phrma.org/newsletter/signup
[11] http://phrma.org/printmail/
[12] http://phrma.org/print/

James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

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