S.3175 - Life-Saving Medicines Export Act of 2006109th Congress (2005-2006)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 05/25/2006)|
|Committees:||Senate - Judiciary|
|Latest Action:||05/25/2006 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5247-5252) (All Actions)|
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Summary: S.3175 — 109th Congress (2005-2006)All Bill Information (Except Text)
Introduced in Senate (05/25/2006)
Life-Saving Medicines Export Act of 2006 - Allows the Director of the U.S. Patent and Trademark Office (USPTO) to issue a compulsory license to a generic manufacturer of a pharmaceutical product or a patented product needed to prevent or treat potentially life threatening public health problems for the purposes of manufacturing and exporting such pharmaceutical products to an eligible country. Allows exportation to a country that is a least developed country as designated by the United Nations (U.N.) or a country that lacks sufficient manufacturing capacities to produce the pharmaceutical product. Sets forth application requirements for compulsory licenses, including that the manufacturer sought a voluntary license from the patent holder.
Requires the Director to establish an office within USPTO to assist applicants and eligible counties, nongovernmental organizations, or nations likely to become eligible countries in identifying companies in the United States which could provide pharmaceutical products under this Act.
Sets forth formulas for calculating the royalty amount that the holder of a compulsory license must pay to the patent holder.
Allows the Director to grant a compulsory license to a generic manufacturer on an expedited basis for a limited period for a pharmaceutical product to address a national emergency or other circumstances of extreme urgency.
Declares that it is not patent infringement to manufacture and export a pharmaceutical product in accordance with this Act.
Requires the Director to establish the National Advisory Board on Implementation of the General Council Decision to provide advice and guidance regarding the implementation and administration of the compulsory licensing program established under this Act.