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Full Text of this Amendment

SA 1058. Mr. DeMINT (for himself, Mr. Coburn, and Mr. Martinez) submitted an amendment intended to be proposed by him to the bill S. 1082, to amend the Federal Food, Drug, and Cosmetic Act to reauthorize and amend the prescription drug user fee provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. SENSE OF THE SENATE REGARDING CERTAIN PATENT INFRINGEMENTS.
(a) Findings.--The Senate makes the following findings:
(1) The value of American innovation in developing life-saving prescription drugs saves millions of lives around the world each year.
(2) The protection of intellectual property is vital to the continued development of new and life-saving drugs and future growth of the United States economy.
(3) In order to maintain the global competitiveness of the United States, the United States Trade Representative's Office of Intellectual Property and Innovation develops and implements trade policy in support of vital American innovations, including innovation in the pharmaceutical and medical technology industries.
(4) The United States Trade Representative also provides trade policy leadership and expertise across the full range of interagency initiatives to enhance protection and enforcement of intellectual property rights.
(5) When other countries do not respect the intellectual property of American drug companies, all patients suffer because of diminished incentives to develop new life-saving medications and the American economy is unfairly harmed.
(6) Strong intellectual property protection, including patent, copyright, trademark, and data protection plays an integral role in fostering economic growth and development and ensuring patient access to the most effective medicines around the world.
(7) Certain countries have engaged in unfair price manipulation and abuse of compulsory licensing. This results in Americans bearing the majority of research and development costs for the world, undermines the value of existing United States pharmaceutical patents and could impede access to important therapies.
(8) There is a growing global threat of counterfeit medicines and increased need for the United States Trade Representative and other United States agencies to use available trade policy measures to strengthen laws and enforcement abroad to prevent harm to United States patients and patients around the world.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States Trade Representative should use all the tools at the disposal of the Trade Representative to deal with violations of intellectual property rights, including--
(A) bilateral engagement with United States trading partners;
(B) transparency of the annual ``Special 301'' review and reviews of compliance with the intellectual property requirements of countries with respect to which the United States grants trade preferences;
(C) negotiation of intellectual property provisions as part of bilateral and regional trade agreements; and
(D) multilateral engagement through the World Trade Organization (WTO); and
(2) the United States Trade Representative should develop and implement a strategic plan to address the problem of countries that infringe upon American pharmaceutical intellectual property rights and the problem of countries that engage in price manipulation.


(As printed in the Congressional Record for the Senate on May 7, 2007.)