Central American Free Trade Agreement

Implementation Legislation in CAFTA Countries

Government Documents

NGO Documents

Official Groups That Advise USTR

PhRMA Documents

  • June 14, 2005. Developing Countries Gain Access To More Medicines Under CAFTA.
  • Excerpt on CAFTA from PhRMA's Submission to the USTR for the 2003 Special 301 Report
    The U.S-Central America Free Trade Agreement will considerably upgrade the level of IP protection in the region. Provisions on data protection, patent term restoration, linkage and patentability will provide a better framework for investment and improve patientís access to medicines.

    However, the Agreement must be first approved by the Congresses in the United States and the countries in the region and adequately implemented. PhRMA urges that countries that are part of the agreement extend a stand still on TRIPS violations, particularly the failure to protect test data. Health authorities have continually relied on innovatorsí data in order to authorize copies into the market for many years in clear violation of Trips Article 39.3.

    Of great concern is the apparent disregard of industrial property rights. Health Authorities do not request any information regarding existing patents when market approval files for copies are submitted. Within the custom unionís process, the current provision in force could lead to marketing approval in one country being granted without any consideration to existing patents in the country applying for mutual recognition.

    News Stories

  • Note: Data exclusivity law in Guatemala repealed Nov. 19, 2004.

  • CAFTA country profiles published in the CIA World Factbook

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