Resist the Special 301 Watch List

Peter Maybarduk with his guitarThe Office of the US Trade Representative’s 2014 Special 301 Report is expected out shortly.  The 301 Report places countries on a watch list for practices the US Government believes reflect “inadequate” intellectual property protection, even when these policies protect important public interests including health.

Public Citizen submitted comments in February to inform this year’s 301 Report. We address the TRIPS compliance and public interest value of specific rules and practices in India, Canada, Chile, Colombia, Indonesia, Peru, Philippines and Turkey. We also criticize 301 – the process should be discontinued entirely – and articulate several principles which could be applied to make meaningful the US Government’s relevant public health commitments, by not listing countries for public interest practices that comply with international rules.

Pharmaceutical industry hysterics and complaints this year have concentrated, in ample part, on India and Canada.

We take some of the complaints against India to task in this analysis for the US International Trade Commission.

We address Canada’s promise doctrine in this analysis.

USTR posted video of all testimony from the February 24 Special 301 hearing. Ours is here (all testimonies can be found in the sidebar): .

Author

  • Peter Maybarduk

    Peter Maybarduk is Public Citizen's Global Access to Medicines Program Director. Maybarduk helps governments and civil society groups around the world use flexibilities in patent and trade rules to promote access to medicines for all. For example, Maybarduk's recent work with partners yielded major HIV/AIDS drug price reductions in Colombia and new state access to medicines policies enacted by the President of Ecuador. His work also focuses on protecting competition and access under intellectual property enforcement policies, and on appropriate policy responses to criminally adulterated or falsified medicines.

    Maybarduk has co-founded and coordinated several volunteer-run advocacy and assistance groups, including International Professional Partnerships for Sierra Leone (IPPSL), dedicated to supporting public sector development in one of the world's least developed countries. He studied law at the University of California at Berkeley and anthropology at the College of William and Mary. Maybarduk is a composer and performer of music, currently recording his third album with producer J. Robbins.

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