Timeline of disputes over pharmaceutical patent protection
in the Dominican Republic
Version 1.0
Susannah Markandya
July 23, 2001
1911. First Patent Law in the Dominican Republic.
According to the U.S Government's 1999 Report on Foreign
Trade Barriers, this law "provides for broad exclusions of
subject matter from patentability, and include onerous local
working requirements."
October 30, 1992. Dominican Republic Ambassador asks USTR
for technical assistance to upgrade DR's Intellectual
Property Rights regime.
January 1993. WIPO experts, including Dr. Ricardo Antequera
Parilli, are invited to the Dominican Republic to evaluate
Intellectual Property Rights framework.
July, 1993. WIPO draft Intellectual Property Rights law is
evaluated by the Commission on Intellectual Property Rights
and sent to the President.
November 1993. Government of Dominican Republic requests
additional technical assistance from UNDP.
March 9, 1995. Dominican Republic becomes a member of the
World Trade Organization (WTO).
April 30, 1996. Dominican Republic placed on Special 301
"Other Observations" by the Office of the United States
Trade Representative (USTR), under Section 182 of the Trade
Act of 1974.
August 16, 1996. Fernandez Reyna Administration restarts
the Intellectual Property Rights law drafting project.
December 31, 1996. Dominican Republic Department of Health
issues Resolution No. 11-96, which states that "the issuance
of a health registration by the Department of Health is not
conditioned on the existence or not of a patent of
invention."
January 17, 1997. DR Department of Health and the
Department of Industry and Commerce jointly issue Resolution
No. 2-97. This confirms Resolution No. 11-96, and requires
patent applications to make a submission to the Department
of Health for opinion on "novelty and industrial
application."
April 30, 1997. USTR places Dominican Republic on Special
301 "Watch List" by USTR.
June 11, 1997. Ministry of Industry and Commerce completes
its review on IPR law, incorporating comments by WIPO, IADB
and SELA into the draft.
June 13, 1997. The Industrial Property Rights draft is sent
to Dominican Republic private sector for comments.
July 17, 1997. The US Secretary of State submits "Comments
on Draft Patent Law" to the American Embassy.
August 1, 1997. Madeline Albright contacts the American
Embassy and articulates her concerns regarding recent
reports from PhRMA which claim that the Government of the
Dominican Republic is using a consultant who "has been
associated with the Argentine pirate pharmaceutical
industry." The Action Request states that "Washington
Agencies believe that the GODR could benefit from a broader
range of expert advice." (Correspondence from Secretary of
State to the American Embassy, "GODR's Industrial Property
Bill Consultant.")
August 26, 1997. US, UK and German Ambassadors meet with
members of the trade association representing US and other
multinational pharmaceutical companies in the Dominican
Republic (EFID). According to US government sources, the
EFID representatives briefed the Ambassadors on the
provisions in the law which discriminate against the owners
of patents. (Correspondence between Ambassador Donna J
Hrinak and Secretary of State, "Update on Pharmaceutical
Patent Issues.")
August 29, 1997. US Ambassador Donna J Hrinak writes to US
Secretary of State. She asserts that "the treatment of
pharmaceutical patents is worsening" and concludes that
"there will be no change in policy without substantial
pressure from the US and other governments."
February 23, 1998. Submission by PhRMA for the "Special
301" Report on Intellectual Property Barriers 1998 states
that "since the 1980's, owners of pharmaceutical products
have been subject to the violation of their registered
patents." PhRMA mentions reservations they have over the
fact that ALIFAR, the umbrella Latin American association
representing the local companies in the region, recently
located its headquarters in Santo Domingo. In their view,
"these anti-patent forces are likely seeking to make the
Dominican Republic an example of how to undercut adequate
and effective patent protection for pharmaceuticals." PhRMA
member companies in the DR estimate that if intellectual
property would be enforced exports could increase up to US
$50 million.
March 13, 1998. Correspondence between Linda E Watt at the
American Embassy and Secretary of State, "1998 Special 301
Process: Status of Dominican Law and Other IPR Notes,"
outlines US Government concerns over the influence INFADOMI,
"the association representing the industry pirates"
seemingly exerts over the impending Industrial Property
Bill. The Ambassador refers to the fact that "INFADOMI is
reported to have contributed significantly to the
President's 1996 campaign." Watt concludes that "we remain
skeptical about any real intent to move forward on IPR
issues in the absence of significant pressure from the US
and /or other governments."
April 29, 1998. The Government of Dominican Republic issues
Decree No. 148-98. According to US sources this "introduces
significant changes in the process for obtaining health
registrations for pharmaceutical products as well as
establishing national standards for the manufacture and
importation of pharmaceutical products." (Correspondence
between American Embassy and Secretary of State, "IPR-Draft
Legislation and Possible Regulatory Changes," October 23,
1998.)
May 1, 1998. USTR upgrades Dominican Republic to Special
301 "Priority Watch List."
July, 1998. District Attorney in Santo Domingo establishes
IPR Unit with an increased budget, which will, according to
Dominican Republic sources "enable the DR to increase
prosecutions of patent law violators."
July 16, 1998. Dominican Supreme Court upholds a suit
brought by Bayer against a Dominican National Laboratory
Ethical Pharmaceutical for violation of the Bayer patent for
the substance "Ciprofloxacina". Reportedly, this decision
states that the patent holder or designee is the only one
authorized to commercialize a product under patents issued
in the DR.
July 23, 1998. Correspondence from Linda E. Watt at the
American Embassy to Secretary of State, titled "Argentine
Pirates Setting their Sights on Viagra" highlights US
Government apprehension over steps taken by Rowe, a local
pharmaceutical laboratory allegedly 50% owned by Argentine
manufacturer Roemmers, to obtain health registration to
commercialize the active substance in Viagra. US concerns
are mounting in light of the recent signature of a free
trade pact with Central America, which "could prove further
scope for the export of pirate pharmaceuticals from the
Dominican Republic."
September 11, 1998. The Linda E Watt at American Embassy
highlights the need to prevent the Secretariat of Health for
the Dominican Republic, Sespas from "allowing Viagra piracy"
under the DR's system of `Health Registrations'.
Reportedly, President Fernandez intervened with the
Secretary of Health, instructing her not to allow the
issuance of duplicate health registrations in the case of
Viagra. The comment from the US Embassy in Santo Domingo
concludes, "the events surrounding the handling of the
Viagra health registration have demonstrated once again the
control the local pharmaceutical industry has over
Sespas.This underlines the need for a legal regime that will
automatically protect patent rights." (Correspondence from
American Embassy to US Secretary of State, "Pirates at
Bay.")
October 1, 1998. "Market Order Code" package of new IPR
laws introduced in Dominican Congress.
October 23, 1998. Correspondence between Linda E Watt at
the American Embassy and US Secretary of State, "IPR-Draft
Legislation and Possible Regulatory Changes," reveals that
"the Embassy plans to inform individual Senators (in the
Dominican Republic) about our concerns about the
Intellectual Property Legislation."
October 23, 1998. Correspondence between Linda E Watt and
US Secretary of State, "IPR-Bayer Wins in DR Supreme Court."
Under the subheading "Other Legal Actions by the Good Guys,"
the Ambassador reports that Reftel, Pfizer and Merck Sharp &
Dohme are preparing "to contest before the Supreme Court the
constitutionality of the resolutions issued at year end 1996
and early 1997 which allow the commercialization of drugs in
the DR by companies that do not hold product patents."
January 22, 1999. District Attorney for the National
District, in collaboration with USIS, conducts several
workshops on intellectual property rights, taught by Doris
Long, a Professor at John Marshall School of Law. This is
part of an awareness campaign undertaken by the Dominican
Government which includes training on basic industrial
rights for government officials, the business sector and
judicial personnel.
January 22, 1999. A suit is filed before the Dominican
Supreme Court challenging the constitutionality of
Resolution No 2-97 and No 11-96. Among the companies that
sign onto the suit are giants Merck Sharp & Dohme, Bayer,
Bristol Myers Squibb, Boehringer Ingelheim and Pfizer.
February 4, 1999. Dominican Government Resolution No 9-99
repeals Resolution 2-97.
February 9, 1999. Minister of Industry and Commerce and the
Minister of Health issue Resolution No. 01-99, which
according to DR sources "makes more efficient the
registration process for pharmaceutical products in the
Dominican Republic."
March 7, 1999. Anti-piracy working group (COPAL) set up in
Ministry of Industry and Commerce.
March 17, 1999. Correspondence between Linda E Watt at
American Embassy and US Secretary of State urges that US
government agencies should "tell US firms to get more
involved" in light of the fact that "we have little doubt
that the persistence of EFID - and particularly Merck Sharp
and Dohme, and Pfizer - has played an important role in
winning some change in the situation with pharmaceutical
patents."
April 30, 1999. US Trade Representative, Charlene
Barshefsky announces the results of the 1999 Special 301
Review, stating that the Dominican Republic will remain on
the Priority Watch List in light of US Government concerns
over increases in the rate of copyright piracy.
21, May, 1999. Correspondence from Paul Larsen at the
American Embassy to US Secretary of State, "Merck Plans Suit
Against Argentine Interests,' states that Merck, represented
by Mary Fernandez from the firm Headrick Rizik Alvarez &
Fernandez, is planning to take three companies, Laboratorios
Rowe, Ethical Farmaceutical S.A, and Argentina's Roemmers,
to court for violating the patent for the substance
"Losartan." Losartan is the active ingredient in the
product "Cozaar" a drug used to lower blood pressure.
Dupont de Nemours & Co obtained its patent for Losartan in
1995 and Merck is the licensee in the DR. In the Comment for
this document the Larsen advises, "this potential clash of
multinational vs. multinational may serve as an excellent
opportunity to force a change in the Dominican debate over
pharmaceutical piracy in which the local pirate industry is
successfully casting itself as the underdog fighting a
valiant battle to protect the Dominican consumer against
pitiless multinational (read US) pharmaceutical giants."
June 19, 1999. Intellectual Property Alliance (IIPA) files
a petition with USTR requesting "that the eligibility of the
Dominican Republic as a GSP beneficiary developing country
be reviewed, and that its GSP benefits be suspended or
withdrawn, in whole or in part, if requisite improvements
are not made by the Dominican Republic to remedy the
deficiencies.which adversely affect U.S. copyright owners."
Later, in March 6, 2000 PhRMA pledge their support for this
position.
July 23, 1999. Correspondence between Linda E Watt at
American Embassy and US Secretary of State reports that,
according to the attorney representing Merck, the owner of
Ethical, the target of one of Merck suits, approached the
local Merck representative "to suggest that they divide up
the local market for the product "simvastatin" to force
others out."
September, 1999. Inter-agency Anti-Piracy Commission
created.
September, 1999. American Embassy invites Doris Long,
Professor at the John Marshall School of law, to make an
analysis of the proposed Dominican Republic legislation as
compared to the TRIPS Agreement and present her findings to
key Dominicans, due to US Government concerns that "many
influential persons were stating publicly that the
legislation was compliant without much basis in fact."
(Correspondence between Linda E Watt at American Embassy and
US Secretary of State, November, 1999, "GPRA Format
Evaluation of FY-99 IPR specialist Doris Long.") According
to the same source, the impact of Long's efforts was "a
complete turnaround in the public discussion..(a)lmost all
key players accepted that the proposed IPR legislation had
WTO compliant problems."
October 1, 1999. The Fernandez Government submits an
industrial property law (patent and trademark) to the
Congress of the Dominican Republic.
October 12, 1999. The American Embassy writes a letter to
the Dominican Republic Senate with suggestions for
modifications for the Industrial Property legislation.
November 4, 1999. Dominican Republic Senate approves the
proposed Industrial Property Bill.
November 19, 1999. Linda E Watt at American Embassy writes
to US Secretary of State about discussions with DR
Congressional leaders over the pending Intellectual Property
Rights Legislation. She concludes, "perhaps only a WTO
tribunal, or a serious threat by the US to withhold trade
preferences, can send home the message that international
commitments must be taken seriously."
November, 1999. Foreign Trade Act Report for the Dominican
Republic, published by the US Embassy estimates that the
local pharmaceutical market is worth approximately $110
million per year, and that 70% of that is locally produced
or packaged. The report states that a significant
percentage of that total is believed to be pirated. It
concludes that the "infringement of intellectual property
rights is so widespread that quantifying its impact on US-
Dominican trade is virtually impossible."
December 6-8, 1999. EU Aid Memoire is published, listing
the EU's principle concerns with the intellectual property
legislation. This includes objections to the compulsory
licenses aspect of Article 40.1, which according to the EU,
"provides for the grant of compulsory licenses without
justifiable cause, and automatically awards them 180 days
after they are requested." It is their view that this
provision "will cause the compulsory license to be unlimited
and general, rather than a limited exception," and therefore
goes beyond the TRIPS provision, under Articles 30 & 31, for
"Limited Exceptions" to patent rights "through the
concession of compulsory licenses for justified reasons and
subject to specific conditions."
December 10, 1999. Kadunc, from the American Embassy,
writes to US Secretary of State informing her of a recent
meeting at the Embassy with the official spokesmen of the
parties represented in the Dominican Chamber of Deputies,
attended also by Professor Doris Long. Reportedly, Long
argued that "the draft legislation makes it too easy to
obtain a compulsory license of a patented product," and the
requirement that foreign litigants must post a bond in order
to pursue a patent protection claim is a "violation of
TRIPS' national treatment provision."
January 1, 2000. Deadline for developing country WTO
members to bring their intellectual property regimes into
compliance with TRIPS.
January 5, 2000. US Ambassador Charles T Manatt meets with
Senate President Ramon Alburquerque and nine other Senators.
According to correspondence between Manatt and US Secretary
of State, January, 7, the Ambassador remarked that the US
hopes to soon see Dominican Legislation that complies with
international agreements such as TRIPS, and Alburquerque
"responded in a somewhat defensive manner that is it the
intent and `spirit' of the Congress to pass legislation that
is fully TRIPS-compliant."
January 28, 2000. The Legal Counsel to the President of
Dominican Republic, issues administrative communication,
number 0093, which authorizes the Department of
Pharmaceutical Products of the Secretariat to grant to
Dominican laboratories and importers the health
registrations that would allow them to manufacture or
distribute medicines containing patented substances.
February 18, 2000. PhRMA makes their "Special 301"
submission, which states in their opinion, the Dominican
Republic is currently considering legislation, which, "if
adopted, would stand as the worst patent law in the Western
Hemisphere." They put forward their objections to the
proposed bill:
---"Compulsory licensing: The grant of automatic licenses on
the basis of the denial of a contractual license. 180 days
after the contractual license is requested, the
administrative authorities must grant a compulsory license
(operates automatically). This automatic license is in
addition to compulsory licenses, which would be granted in
cases of lack of exploitation, abuse due to non-competitive
practices, public interest and cases of dependent patents.
---The lack of Protection of Confidential Data and the Bolar
provision in Article 30, which authorizes use of the
patented invention by third parties for the purpose of
obtaining health registration or approval for
commercialization of a product, prior to the patent
expiration date.
---The bill discriminates between foreigners and nationals
by requiring foreigners to post a bond to access local
courts.
---The bill does not include the possibility of patenting
distinct uses of previously patented inventions, excludes
combinations of existing materials, and excludes
microorganisms and non-biological methods and processes
connected with living material. Additionally, it does not
protect plant varieties.
---International exhaustion of patent rights and parallel
imports. Article 30 (d) of the bill authorizes the
importation of products, provided the same have been placed
in any market."
February 23, 2000. The Chamber of Deputies of Dominican
Republic returns from recess. PhRMA, in their comments in
support of the accepted petition submitted by IIPA for
review of the Dominican Republic's status as a beneficiary
developing country under the GSP program (March, 9, 2000)
claim that "the next 60 days are a critical period for
resolution of the issue."
February 27, 2000. Dominican Republic convenes `Blue
Ribbon' Commission formed under the aegis of FINJUS and
CONEP to work with private sector representatives to revise
the controversial parts of `Market Order Code'.
February 29, 2000. Ambassador Manatt pays a courtesy call
on Dominican Minister of Industry and Trade, Luis Manuel
Bonetti. Manatt reports that Bonetti points out that "his
office always checks with US Patent and Trademark office
before issuing a Dominican Patent, and (that) he operates on
the assumption that US patents are valid." According the
correspondence from American Embassy to US Secretary of
State, March 2000, "Dominican Minister of Industry Seeks to
Accommodate Divergent IPR Views," Bonetti "viewed himself as
constrained in his ability to comply with his government's
international commitments." It is the Ambassador's view
that this was "most likely a result of Bonetti's close ties
to domestic industry and his unwillingness to offend
potential political supporters for the sake of complying
with mere international obligations."
March 7, 2000. Public hearings held by the Chamber of
Deputies.
March 7, 2000. Letter from Alfonso Paniagua, President of
American Chamber of Commerce of the Dominican Republic to
Dr. Rafaela Alburquerque, President of the Chamber of
Deputies, regarding DR's proposed industrial property
legislation. This states that "it is our view that a
revision is necessary in the provision that authorizes
compulsory licenses on the basis of the mere refusal of the
rights holder to contract, even where no offense has been
committed. Specifically, Article 40, number 1 of the bill
establishes a type of license that, if approved as such,
would not constitute limited exceptions to the patent rights
granted."
March 9, 2000. Shannon S. S. Herzfeld, on behalf of PhRMA,
submits their comments to Mr. Jon Rosembaum, Chairman of the
GSP Subcommittee of the Trade Policy Staff Committee, in
support of the accepted petition submitted by IIPA for
review of the Dominican Republic's status as a beneficiary
developing country under the GSP program. They claim that
they have received reports that health authorities in the
Dominican Republic are accepting unauthorized and infringing
marketing applications for patented pharmaceutical products.
PhRMA also draws attention to the fact that neighboring
countries are following closely the progress of issues in
the DR.
March 16, 2000. Shannon S. S. Herzfeld, on behalf of PhRMA
submits their Pre-Hearing Statement and Request to Appear at
the GSP public hearings for the Dominican Republic. PhRMA
names Susan Kling Flinston (Assistant Vice President for
Intellectual Property with PhRMA), Rodney Lopez (General
Manager of Merck, DR), Juan Acevedo, (Vice President of
Bristol Myers Squibb) in the List of Interested Parties
Wishing to Testify. PhRMA suggest that "the TRIPS
inconsistencies in the industrial property bill are not
accidental" and argue "Argentina's 1996 patent law, and that
country's unfettered ability to support pirate activities
throughout the region has clearly influenced the drafters of
the Dominican Republic's industrial property bill."
March 16, 2000. Pre-Hearing Brief of The Government of the
Dominican Republic is submitted before the GSP Subcommittee
Office of the US Trade Representative, argues that "the
Dominican Republic has painstakingly redrafted its copyright
law to increase the levels of protections and to make the
law compatible with TRIS and other international
requirements". Specifically, the brief points out that "the
Dominican Republic requested WIPO to supply technical
assistance with the drafting of the new intellectual
property rights legislation" and that "extensive assistance
has been given by WIPO during the process thus far." The
Dominican Republic acknowledges that it has received
comments on the proposed patent legislation from the US
government, and states that it "is working to address their
few remaining specific concerns." The Dominican Government
explains that it is "a democracy with three independent
branches of government," so that there may be some delay in
passing new patent law; "from time to time the democratic
process takes longer than we would like."
March 23, 2000. Correspondence between Ambassador Manatt
and US Secretary of State reports on a recent "information
meeting" that Manatt hosted for leading members of the DR
Congress and representatives of eight other embassies,
including French Ambassador Deniau and Japanese Ambassador
Akazawa. Allegedly the members of Congress agreed to form a
bilateral commission to study the draft patent legislation
further, and to seek expert assistance from the WTO to try
and obtain a TRIPS-compliant bill. One response that
troubled the US Ambassador came from "two of the better-
informed members of the group" who argued that "trips gives
countries the rights to establish the economic, as well as
the health and safety grounds, on which compulsory licenses
may be granted." In their view, "the provision in the
Dominican patent bill authorizing a compulsory license after
180 days if the patent holder does not grant a license on
commercially reasonable terms is.a legitimate means for
preventing monopolistic abuse by the patent holder."
March 27, 2000. Dominican Republic becomes a full member of
WIPO. Minister of Industry and Commerce, Louis Manuel
Bonetti says, in a speech for the occasion, that the
developing world is facing severe pressures to implement the
TRIPS agreement for the exclusive benefit of producers of
technological knowledge. He asks, "has it been forgotten
that the benefit has to be reciprocal for producers and
users of technological knowledge, in such way as to foster
social and economic welfare and the balance of rights and
obligations among the Member countries of that agreement?"
April 19, 2000. Senate passes the Industrial Property Bill,
it now awaits the President's signature.
April, 2000. USTR continues to place Dominican Republic on
"Priority Watch List."
May 3, 2000. The Dominican Republic One Daily News reports
that the Minister of Industry and Commerce Bonetti recently
stated that the 301 listing of the US government is illegal
in regards to international order because no country has the
right to self-designate itself as the certifier of trade
policies of all countries. He allegedly argued that this
was a matter not for the GSP but for the arbitrage
department of the WTO.
May 8, 2000. Industrial Property Law (Law 20-00) is
promulgated.
May 12, 2000. Public Hearing on the Country Practices
Review of the Dominican Republic, case no. 007-CP-99. Those
present are, Jon Rosenbaum (Assistant U.S Trade
Representative for Trade and Development), Robert Baker
(Department of Treasury), Claude Burcky (USTR), Donna
Dipaolo (USTR), Rachel Goslins (US Copyright Office), Katrin
Kuhlman (USTR), Deborah Lashley (Department of Commerce),
Maureen Pettis (Department of Labor), Diana Wanamaker
(Department of Agriculture). Robert Johnson, from the firm
Johnson, Rogers and Clifton, representing the government of
the Dominican Republic, argues that although the Dominican
Patent Law "may be unliked by the US patent industry" it is
TRIPS compliant as "TRIPS Article 31 especially provides for
compulsory licenses under certain circumstances."
Additionally, Jon Rosenbaum states that because PhRMA had
missed the 1999 deadline for the submission of a GSP
petition, for "the GSP case to be expanded or (to) have a
separate case on patents will require you all (PhRMA) to
file independently next time we have a petition (period)."
May 18, 2000. The results of the Presidential election,
held on May 16, announces victory for the left-leaning
Hipolito Mejia, of the Dominican Revolutionary Party.
May 18, 2000. President Clinton signs the Caribbean Basin
Trade Partnership Act (CBTPA).
May, 2000. Deputy Trade Representative, Ambassador Richard
Fisher writes to Dominican Ambassador Roberto Saladin
indicating that any dispute between the US Government and
the DR Government concerning patent protection will be
resolved in the World Trade Organization (WTO).
July 5, 2000. USTR Federal Register Notice sets August 21,
2000, as the deadline for the receipt of petitions for the
new 2000 Annual GSP Product and Country Eligibility
Practices Review.
June 19, 2000. USTR publishes Federal Register Notice
inviting comments from the public on whether potential
beneficiary countries met the new eligibility criteria
added by CBTPA.
July 17, 2000. PhRMA writes to Jon Rosenbaum (USTR)
requesting an independent review of Dominican Republic's
eligibility as beneficiary developing country under GSP, as
in their view there has been "a substantial change in
circumstances." They argue that "since filing PhRMA's
recent Post-Hearing Brief under ongoing the GSP review
process PhRMA has learned that President Fernandez had in
fact signed the industrial property law on May 8, several
days before the GSP hearing at which his representatives
stated that the bill had not yet been signed and expressed
interest in meeting PhRMA's concerns."
August 11, 2000. Regulation (No. 408-00) for the new
Industrial Property Law is promulgated.
August 16, 2000. New Administration of President Hipolito
Mejia Domingez takes office.
August 21, 2000. President Mejia responds to a letter from
US Ambassador Charles Manatt, promising to address the
concerns of the US about perceived inconsistencies in the
new Industrial Property Law.
October 2, 2000. President Clinton designates the Dominican
Republic as eligible for CBTPA benefits. According to
Robert Johnson, Attorney for the DR, "since the protection
of IPR is one of the eligibility criteria in the CBTPA, the
US Government logically made a favorable normative
determination as to the DR's IPR protection regime."
November, 2000. Deputy USTR, Ambassador Richard Fischer
visits President Mejia. A US delegation hold discussions
with Dominican officials over IPR matters. Reportedly one
of the major topics of discussion was what was patentable
under the new law. During this meeting the US Government
promised to furnish the Government of the Dominican Republic
with a document which both details their concerns with the
new Industrial Property Law and outlines approaches to solve
the problems.
January 10, 2001. USTR publishes a revision to August 21,
2000, GSP 2000 Country Practice Petitions, stating that
PhRMA's GSP petition had been rejected (Case 014-CP-00), and
that USTR would continue the copyright case (Case 013-CP-00)
initiated by IIPA's 1999 petition.
January 16, 2001. USTR issues Federal Register Notice
requesting written comments concerning foreign countries'
acts, policies, and practices with respect to their
protection of intellectual property rights.
February 15, 2001. Minister of Industry and Commerce writes
to Ambassador Saladin, discussing a proposed decree that
would establish a Commission to deal with intellectual
property rights issues.
February 16, 2001. Robert Johnson, of Johnson, Rogers &
Clifton, representing the Dominican Republic, files a
Progress Report on the Protection of IPR in the Dominican
Republic. This brief concludes that "no other country in
the region has made as much progress as (the Dominican
Republic) in the past five years in upgrading its regime for
the protection of intellectual property rights," and that
"while some work needs to be done to address the few
lingering problem areas, the GODR accordingly submits that
the country should be removed from the lists maintained by
USTR under Special Section 301.
April 30, 2001. Robert B Zoellick, from USTR announces the
results of 2001 Special Annual Review which places Dominican
Republic on Priority Watch List.
June 1, 2001. A new industrial property law is promulgated.
June 13, 2001. PhRMA writes to Jon Rosenbaum at USTR
submitting their petition for the review of the Dominican
Republic's status as beneficiary developing country under
GSP. PhRMA outlines their concerns with the industrial
property law adopted in 2000 citing:
---"Overly Broad Exclusions from Patentability"
---"Overly Broad Authority for Compulsory Licensing"
---"Protectionist Local Working Requirement"
---"Data Protection"
---"Inadequate Patent Term"
Furthermore, PhRMA finds that the most recent changes to the
law "appear problematic as well." In light of this, "PhRMA
members strongly support USTR's consideration.of initiating
WTO consultations between the US Government and the
Government of the Dominican Republic."