HR 1185 IH

To prohibit through negotiation or otherwise the revocation or revision of any intellectual property or competition law or policy of a developing country, including any sub-Saharan African country, that regulates HIV/AIDS pharmaceuticals or medical technologies, and for other purposes.

March 22, 2001

Ms. LEE (for herself, Ms. SCHAKOWSKY, Mr. SANDERS, Mrs. CHRISTENSEN, Mr. DAVIS of Illinois, Ms. MILLENDER-MCDONALD, Ms. JACKSON-LEE of Texas, Mrs. JONES of Ohio, and Ms. KILPATRICK) introduced the following bill; which was referred to the Committee on International Relations

To prohibit through negotiation or otherwise the revocation or revision of any intellectual property or competition law or policy of a developing country, including any sub-Saharan African country, that regulates HIV/AIDS pharmaceuticals or medical technologies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Global Access to HIV/AIDS Medicines Act of 2001'.

SEC. 2. LIMITATION ON USE OF FUNDS.

(a) LIMITATION- Funds appropriated or otherwise made available to any department or agency of the United States may not be obligated or expended to seek, through negotiation or otherwise, the revocation or revision of any intellectual property law or policy of a developing country described in subsection (b) that regulates HIV/AIDS pharmaceuticals or medical technologies if the law or policy--

(1) promotes access to HIV/AIDS pharmaceuticals or medical technologies to the population of the country; and

(2) provides adequate and effective intellectual property protection consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights (as described in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15))).

(b) DEVELOPING COUNTRIES- A developing country described in this subsection is a developing country, including a sub-Saharan African country--

(1) in which five percent or more of the population is infected with HIV; or

(2) the government of which has declared a national emergency with respect to HIV/AIDS.

SEC. 3. POLICIES TO ADDRESS THE HIV/AIDS CRISIS.

The President shall encourage all developing countries described in section 2(b) to implement policies designed to address the underlying causes of the HIV/AIDS crisis by, among other things, making efforts to encourage practices that will prevent further transmission and infection and to stimulate development of the infrastructure necessary to deliver adequate health services, and by encouraging policies that provide an incentive for public and private research on, and development of, vaccines and other medical innovations that will combat the HIV/AIDS epidemic, particularly the HIV/AIDS epidemic in Africa.

SEC. 4. DEFINITIONS.

In this Act:

(1) HIV- The term `HIV' means infection with the human immunodeficiency virus.

(2) AIDS- The term `AIDS' means acquired immune deficiency syndrome.

END