[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2944 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2944
To provide that no funds may be expended by the United States Trade
Representative to negotiate data exclusivity provisions for certain
pharmaceutical products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 8, 2004
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide that no funds may be expended by the United States Trade
Representative to negotiate data exclusivity provisions for certain
pharmaceutical products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION.
(a) In General.--Notwithstanding any other provision of law, funds
appropriated or otherwise obligated to the United States Trade
Representative may not be expended to negotiate data exclusivity
provisions with any country with respect to public health
pharmaceutical products or to require actions of another country which
interfere with a country's access to public health pharmaceutical
products.
(b) Definitions.--In this section:
(1) Data exclusivity provision.--The term ``data
exclusivity provision'' means a provision that restricts for a
set period of time a country from approving for sale generic
public health pharmaceutical products based on original
clinical data of public health pharmaceutical products
previously approved for sale.
(2) Public health pharmaceutical products.--The term
``public health pharmaceutical products'' means any patented
pharmaceutical product, or pharmaceutical product manufactured
through a patented process, needed to treat HIV/AIDS,
tuberculosis, malaria, or other epidemics, or needed in
circumstances of extreme urgency or national emergency in
accordance with the Decision of the General Council of 30
August 2003 on the Implementation of Paragraph Six of the DOHA
Declaration on the TRIPS Agreement and Public Health and the
WTO General Council Chairman's statement accompanying the
Decision (JOB(03)/177, WT/GC/M/82) (collectively known as the
``TRIPS/health solution'').
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