The U.S. Trade Representative's most recent report on global intellectual property rights suggests compulsory licensing may be receding somewhat as a worry for pharmaceutical companies, but inadequate data protection remains a strong concern.
The USTR's 2010 Special 301 Report, which reviews U.S. trading partners' protection and enforcement of intellectual properties, cited 19 countries (the same number as last year) where there appears to be a lack of adequate protection against unfair commercial use and unauthorized disclosure of test or other data generated to obtain approval of pharmaceutical products.
The USTR has faced pressure from Congress and public advocacy groups to modify its stand on compulsory licensing and other measures advocated by the pharmaceutical industry.
Representative Henry Waxman (D, CA), chair of the House Energy and Commerce Committee, sent a letter to U.S. Trade Representative Ron Kirk advocating that the Special 301 Report support international access to medicines.
"In recent years, despite the United States' commitment to the Doha Declaration, Special 301 reports have been used to pressure developing countries to adopt pharmaceutical protection rules that go beyond their obligations under the TRIPS agreement, limiting the scope of actions such countries could take to promote access to medicines," Waxman wrote.
Mr. Waxman also said he was concerned that anti-counterfeit measures may be used to enforce patents. Looks like the Chairman has Jamie Love on speed dial.
