Health Care and Intellectual Property: Parallel Imports

Recent CPTech documents

April 14, 2004, Policy Issues Concerning Parallel Trade of Pharmaceutical Drugs in the United States, FDA Prescription Drug Importation Meeting.
March 31, 2004 Legal and Policy Issues Concerning Parallel Trade (aka Re-Importation) Of Pharmaceutical Drugs in the United States
March 30, 2004, CPTech statement to Members of Study Group on Enforcement of Judgments, Secretary of State Advisory Committee on Private International Law, regarding First Sale Doctrine (parallel trade, exhaustion of intellectual property rights).
March 3, 2004, Comments on Maryland State Senate Bill 167.

Country Disputes
Articles, Papers on Parallel Imports
Misc Sites on Parallel Imports
Past US Parallel Imports of Medicine Legislation

H.R. 3240 - The Drug Import Fairness Act (107th Congress)

This legislation was first introduced under the title "Drug Import Fairness Act" by Rep. Gil Gutknecht on November 5, 1999. It passed the House of Representatives on July 11, 2001 by a vote of 324-101. If it is becomes law, it will allow American consumers to re-import medicines from Europe and Canada. However, it does not allow parallel importation by reimportation by pharmacists and wholesalers. Another amendment, with language identical to H.R. 1885 of the 106th Congress (see below), was rejected by a vote of 267-159. This would have allowed parallel imports of pharmaceuticals.

H.R. 1885 - The International Prescription Drug Parity Act, and S. 2520 - The Medicine Equity and Drug Safety Act (106th Congress)

The House bill was introduced by Rep. Marion Berry on behalf of himself and Reps. Sanders, Emerson, Rohrabacher, Abercrombie and Lewis on May 20, 1999. The Senate bill was introduced on May 9, 2000 by Sen. Jim Jeffords on behalf of himself and Sens. Wellstone, Snowe and Collins. It passed by a vote of 74-21 on July 19, 2000 (Sens. Lott, Torricelli, Biden and Hollings did not vote). President Clinton signed the measure into law on October 28, but then-DHHS Secretary Shalala refused to implement the legislation, citing safety concerns. Current DHHS Secretary Tompson also refuses to implement the legislation.

Other Legislation (106th Congress)


Corrections or suggestions to Mike Palmedo

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