I speak here to point out an important, and likely unintended, problem with the current text of the limitations and exceptions provision of the Broadcast Treaty. Since the alternative text from SCCR/35/12 was removed -- the limitations and exceptions clause in the consolidated text is more restrictive than the Rome Convention.
[Frederick Abbott] Abstract: During the past year various members of the United States Congress have introduced legislation intended to ameliorate the high cost of pharmaceuticals, as well as to stimulate innovation using alternative mechanisms to the traditional patent system model. Several of the legislative proposals would authorize third-party importation of prescription pharmaceutical products from one or more countries. One issue considered by drafters of these legislative proposals was whether to include amendment of the United States Patent Act to authorize importation of pharmaceutical products first put on the market under the authority of the patent owner outside the United States. In other words, whether to provide for international exhaustion of patent rights, at least as to pharmaceutical products.