The US Paper Sample Clauses

The US Paper. Because of the enormous pressure, the US tabled a very controversial paper in which it proposed among other things a ‘moratorium on WTO disputes in cases where a government allows compulsory licences for export to selected developing countries’.144 A ‘moratorium’ is a suspension or freezing of legal action against developing countries producing generics for export to other countries using compulsory licensing. Reacting to this proposal, developing countries led by Brazil stated that the proposal is unacceptable as it is only a temporary and not a permanent solution to the problem. This writer concurs with this reaction by developing countries because a moratorium brings in cumbersome procedures of selecting which developing countries will benefit from such suspension and leave out the rest. But the question is what criteria would be used to determine which countries could be eligible to export and which ones can import and who will decide anyway? And what happens if the US decided to lift the suspension over night and instead claim infringement of patent rights, which is very possible? I say that it is possible for the US to change over night because the behaviour in relation to strong IP protection is one of double standards. This happened in the year 2001 when the US sought to purchase anti-anthrax drugs. While discouraging the use of compulsory licensing, Xxxx Xxxxx states that “in an astonishing display of double standards the US government raised the possibility of licensing or importing generic drugs if Bayer did not reduce prices and step up supplies of its anti-anthrax antibiotics. Bayer quickly dropped the price by half.”145 The pharmaceutical industry is always lobbying the US government to implement strict policies, is there any guarantee that if such a moratorium was to be implemented then, they would give notice or something if they were to think otherwise? All these questions are answered in the negative and as such the US proposal is to be discarded, as it is not workable. A moratorium can be ended at any time and therefore prevent generic production and exports bringing the situation to a stage worse than what it is now.146 The US paper further proposed that the solutions should be focused on improving access to pharmaceuticals to treat diseases referred to in the declaration, these being HIV/AIDS, malaria and tuberculosis. Analysing this proposal, Oxfam states that “this proposal is based on a very partial 144 Ibid 145 Xxxxx Xxxxxx and Xxx...
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