Statements on Introduced Bills and Joint Resolutions

CONGRESSIONAL RECORD
SENATE
Oct. 8, 2004

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. WYDEN:

S. 2944. 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; to the Committee on Finance.

Mr. WYDEN. Mr. President, today I am introducing legislation regarding the way the trade policies of the United States affect the ability of developing countries to access to generic drugs.

The bill addresses concerns that this Administration, through the United States Trade Representative, is pursuing policies that will make it even more difficult for developing countries to gain access to the drugs they need, particularly generics, to treat their public health problems like TB, HIV/AIDS and malaria. This is just wrong.

The policies the Administration seeks to put in place are data exclusivity provisions. Such provisions tend to benefit drug manufacturers. As reported in The Wall Street Journal and elsewhere, when these provisions are included trade agreements they essentially bar countries from being able to get more affordable generic drugs for a period of time, usually five years.

Trade agreements should be about promoting trade. People in developing nations who are suffering from such epidemic diseases should not be denied access to affordable medicines because of trade agreements.

The purpose of what is known as the Doha Declaration was to clarify that trade rules on intellectual property would not interfere with the ability of developing countries to take measures to protect public health. The legislation I am introducing today would prohibit USTR from spending any funds in order to impose data exclusivity for drugs used to treat HIV/AIDS, tuberculosis, or other epidemics, or needed in circumstances of extreme urgency, or national emergency.

I am not one to trample on the need to protect trade secrets, but I cannot condone policies that inhibit developing countries from being able to address their own public health needs. In today's world, it is shortsighted to think that infectious diseases cannot cross borders. By allowing developing countries access to generic drugs, we not only help improve health in those nations, we also help ourselves control these debilitating and often deadly diseases.

I ask unanimous consent that the text of the bill be printed in the RECORD.

There being no objection, the bill was ordered to be printed in the RECORD, as follows: