Special 301 of the Trade Act of 1974 and Global Access to Medicine

Journal of Generic Medicines, Forthcoming

American University, WCL Research Paper No. 2010-25

52 Pages Posted: 6 Aug 2010 Last revised: 7 Dec 2014

See all articles by Sean Flynn

Sean Flynn

American University - Washington College of Law; Program on Information Justice and Intellectual Property

Date Written: August 5, 2010

Abstract

Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade policy. Although the 2010 Report shows some improvement, the Obama Administration continues using Special 301 to pressure developing countries to adopt escalating intellectual property rules that are not required by any international agreement and that will negatively impact access to medicines.

Keywords: Trade Law, Intellectual Property, Access to medicine, TRIPS, World Trade Organization, Special 301, United States Trade Representative, Human Rights, generic medicines, public health, Doha Declaration, data exclusivity, linkage, patents, Obama Administration

JEL Classification: O34

Suggested Citation

Flynn, Sean, Special 301 of the Trade Act of 1974 and Global Access to Medicine (August 5, 2010). Journal of Generic Medicines, Forthcoming, American University, WCL Research Paper No. 2010-25, Available at SSRN: https://ssrn.com/abstract=1654011

Sean Flynn (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Program on Information Justice and Intellectual Property

4300 Nebraska Avenue N.W.
Washington, DC 20016
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
153
Abstract Views
1,130
rank
224,188
PlumX Metrics