[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'').
                                 <all>