Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-30-Speech-3-186"
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"en.20051130.16.3-186"2
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"Mr President, ladies and gentlemen, the proposal of the Commission to enable the producers of generic medicines to manufacture and market patented medicines, with a view to exporting them to countries that are not entirely self-sufficient, should be warmly welcomed because it represents a positive step.
The regulation, in fact, allows for the granting of licences, which are compulsory for export purposes, and provides that the conditions under which they are issued are identical in all the Member States of the European Union.
I consider it an inviolable principle that distortion of competition for operators in the single market be avoided by applying uniform rules to prevent pharmaceutical products manufactured under compulsory licences and at low prices from being reimported into the EU. By acting thus, the EU is putting itself forward as one of the international players most committed to ensuring that citizens of the most disadvantaged countries have access to medicines at reduced prices.
Although I am a committed supporter of this proposal, I must, however, point out that the measures contained in the proposal in question reduce the protection afforded to intellectual property rights. It would therefore be reasonable to allow patent holders the opportunity to be involved in the procedure laid down for the granting of compulsory licences for the manufacture and sale of medicines intended for export to World Trade Organisation countries. This opportunity for involvement would be achieved through the right to submit comments to the competent national authority to ensure that the decision taken minimises any loss of intellectual property rights, by providing for both parties to have a say in the proceedings. In particular, in the case of marketing authorisations, this procedure would allow the holders to enter the EU market in circumstances under which they would not otherwise be allowed to do so."@en1
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