Abstract
I. Introduction
This article examines the history and current use of the Special 301 program to restrict access to generic medicines in developing countries, specifically the 2009 and 2010 reports released under the Obama Administration. The news for access to medicines advocates is not good overall. Both reports continue the previous Administration’s policies of using Special 301 to promote Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) policies (“TRIPS-plus”) endangering access to medicines for millions of people worldwide. These policies violate not only the Obama Administration’s pledges to promote access to affordable medications in developing countries, but also U.S. commitments under the 2001 World Trade Organization (“WTO”) Doha Declaration on the TRIPS Agreement and Public Health, numerous World Health Organization resolutions, and express Congressional policy. Although the reports reflect small moves toward a more complete embrace of the Doha Declaration and a de-escalation of some issues threatening access to medicines, the most recent Special 301 Reports signal more continuity than change in U.S. policy on trade and access to medicines.
External Links
https://static1.squarespace.com/static/650b1fe728b5b3085d28cec2/t/650bc7b686a1570f33a7ea44/1695270838515/Volume+2+-+Issue+2.pdf
Repository Citation
Sean Flynn,
Special 301 and Access to Medicine in the Obama Administration,
2
Intell. Prop. Brief
5
(2010).
Available at:
https://digitalcommons.wcl.american.edu/facsch_lawrev/1573
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