I

107TH CONGRESS

1ST SESSION H. R. 1185

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.

IN THE HOUSE OF REPRESENTATIVES

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

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Global Access to HIV/

5 AIDS Medicines Act of 2001’’.
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•HR 1185 IH

1 SEC. 2. LIMITATION ON USE OF FUNDS.

2 (a) LIMITATION.—Funds appropriated or otherwise

3 made available to any department or agency of the United

4 States may not be obligated or expended to seek, through

5 negotiation or otherwise, the revocation or revision of any

6 intellectual property law or policy of a developing country

7 described in subsection (b) that regulates HIV/AIDS

8 pharmaceuticals or medical technologies if the law or

9 policy—

10 (1) promotes access to HIV/AIDS pharma11 ceuticals or medical technologies to the population of

12 the country; and

13 (2) provides adequate and effective intellectual

14 property protection consistent with the Agreement

15 on Trade-Related Aspects of Intellectual Property

16 Rights (as described in section 101(d)(15) of the

17 Uruguay Round Agreements Act (19 U.S.C.

18 3511(d)(15))).

19 (b) DEVELOPING COUNTRIES.—A developing country

20 described in this subsection is a developing country, in21 cluding a sub-Saharan African country—

22 (1) in which five percent or more of the popu23 lation is infected with HIV; or

24 (2) the government of which has declared a na25 tional emergency with respect to HIV/AIDS.
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1 SEC. 3. POLICIES TO ADDRESS THE HIV/AIDS CRISIS.

2 The President shall encourage all developing coun3 tries described in section 2(b) to implement policies de4 signed to address the underlying causes of the HIV/AIDS

5 crisis by, among other things, making efforts to encourage

6 practices that will prevent further transmission and infec7 tion and to stimulate development of the infrastructure

8 necessary to deliver adequate health services, and by en9 couraging policies that provide an incentive for public and

10 private research on, and development of, vaccines and

11 other medical innovations that will combat the HIV/AIDS

12 epidemic, particularly the HIV/AIDS epidemic in Africa.

13 SEC. 4. DEFINITIONS.

14 In this Act:

15 (1) HIV.—The term ‘‘HIV’’ means infection

16 with the human immunodeficiency virus.

17 (2) AIDS.—The term ‘‘AIDS’’ means acquired

18 immune deficiency syndrome.

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