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www.fdanews.com/articles/75688-intellectual-property-concerns-a-priority-in-andean-fta

INTELLECTUAL PROPERTY CONCERNS A PRIORITY IN ANDEAN FTA

August 24, 2005

The final shape of the Andean Free Trade Agreement -- currently in late-stage negotiations by representatives of the U.S., Colombia, Peru, Ecuador, Peru and Bolivia -- is expected to improve the region's intellectual property rules. However, progress has been uneven, with the Colombian negotiating team hard hit by controversy over planned enhancements to intellectual property rights.

Earlier this year, intellectual property negotiator Luis Ángel Madrid was dismissed from the Colombian team after reportedly recommending that three-year data exclusivity be included in the FTA. Under Colombia's Decree 2085 of 2002, the official period of data exclusivity is set at five years. In recent years, the measure has come under increasing pressure from lawsuits in Colombia, national manufacturers and the Supreme Tribunal of the regional Community of Andean Nations (CAN).

In the meantime, it is unclear how flexible U.S. negotiators are willing to be with regard to the final content of the treaty, given intense pressure from research-based drug manufacturers. Many multinationals have faced growing competition from cheap copies, a problem which has not been coherently tackled by governments in the region.