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Where Intellectual Property and International Trade Collide:
Panel Discussion Series

 

Panel IV: Import Controls on Pharmaceutical Products - Health Care Costs and Intellectual Property Rights
Tuesday, March 6, 2001; 4:00 pm - 6:00 pm


Introduction

Though United States trade policy can be characterized as a policy of free trade, there are instances where other concerns preempt maintaining complete free trade with other countries. Import controls are one of the chief means by which these other concerns manifest themselves. Recently, the legitimacy of certain import controls based on intellectual property rights placed on pharmaceuticals has been questioned.

In an effort to control the rising cost of health care in the United States, some in Congress have suggested reversing a long time policy of prohibiting parallel imports of pharmaceuticals - that is, allowing drugs legitimately manufactured outside the United States to be imported. Supporters argue that in most cases, this would substantially bring down the cost of drugs to consumers. Opponents, however, counter that this would simply force pharmaceutical companies to raise prices around the world in order to prevent this sort of arbitrage. This discussion explored the policy arguments of both sides of this debate, as well as potential impact upon the international availability of drugs used to combat diseases and viruses such as Diabetes and AIDS.


Speakers

Dr. Carsten Fink
Economist, World Bank

Dr. Fink is currently assigned to the International Trade Division of the World Bank's Development Research Group.

Dr. Fink has contributed to a number of research projects for the World Bank. Presently, Dr. Fink is working on a research project concerning trade in services and trade policy strategies in regional and multilateral trade negotiations. Prior to his current research project, Dr. Fink conducted extensive research on the economic implications of protecting intellectual property rights as well as on the institutional aspects of intellectual property rights policy in the multilateral trading system.

Dr. Fink holds a M.S. in economics from the University of Oregon and a Ph.D. degree in economics from the University of Heidelberg, Germany.


Ms. Susan King Finston
Assistant Vice President of Intellectual Property and Middle East/Africa Affairs Pharmaceutical Research and Manufacturers Association (PhRMA)

Ms. Finston develops strategies for improved intellectual property protection and has regional responsibilities for the Middle East, South Asia and Africa within the International Division of PhRMA. PhRMA represents the leading U.S.-based pharmaceutical and biotechnology companies.

Prior to joining PhRMA Ms. Finston was a United States Department of State Foreign Service Officer specializing in intellectual property and international trade policy. Foreign postings included Manila, Philippines, Tel Aviv, Israel, and London, United Kingdom. During the course of her eleven-year Foreign Service career, Ms. Finston received two meritorious honor awards for work on bilateral and multilateral trade negotiations. From 1986 -1988, Ms. Finston served as a Motions Clerk working closely with rotating panels of active judges at the Federal Court of Appeals for the Seventh Circuit in Chicago, Illinois.

Ms. Finston received a B.S. in Philosophy, awarded with high honors from the University of Michigan Honors College and a joint J.D./M.P.P., also from the University of Michigan.


Dustin May
Legislative Assistant, Congressman Bernie Sanders

Congressman Sanders is perhaps best known for being the first to lead seniors on bus trips to Canada to purchase their prescription drugs at a fraction of the price.  For the past year, Mr. May has been charged with shepherding through Congress legislation to allow the wholesale importation of prescription drugs as a means to lower drug prices in the United States.  Now that the legislation has become law as the Medicine Equity and Drug Safety Act of 2000, Mr. May will continue to manage new legislation seeking to fully implement and improve the law.

Prior to working for Congressman Sanders, Mr. May served on the Health staff of the Senate Finance Committee for then ranking member, Senator Daniel Patrick Moynihan.  Prior to that he served with the House Commerce Committee for Congressman John D. Dingell.  Mr. May holds Bachelors degrees from Michigan State University in Political Theory and Constitutional Democracy and Russian and East European Studies.


Mr. John Rector
Senior Vice President of Government Affairs and General Counsel, National Community Pharmacists Association (NCPA)

Mr. Rector is responsible for legislative and regulatory programs and for the NCPA Political Action Committee.

Before joining the NCPA in 1980, Mr. Rector served as a civil rights trial attorney for the United States Department of Justice, and spent six years as a deputy chief counsel (1971-73) and the chief counsel and staff director (1973-77) for the United States Senate Judiciary Committee and worked on pharmaceutical, drug abuse, firearms and juvenile justice legislation. Mr. Rector served as counsel to Senator Birch Bayh (1971-77), and the Senator's legislative assistant for health (1973-75).

Mr. Rector is a graduate of the University of California, Berkeley, and of the University of California's Hastings College of Law. Mr. Rector has also received an honorary Doctor of Pharmacy from the Arkansas State Board of Pharmacy.


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