Does the U.S.-Australia FTA block imports of patented pharmaceuticals?
The FTA imposes no new barriers to imports but reflects current U.S. law, which gives any patent holder the right to control sales (including by contract) of its product in the United States. This right, a core principle of U.S. patent law for more than 100 years, applies to all U.S. patents, not just pharmaceuticals. For example, toothbrushes, tape dispensers, semi-conductors, printer cartridges, cameras, tools, and a vast assortment of other products covered by U.S. patents have all benefited from these rights. The FTA does not expand or diminish the current rights of U.S. patent holders. It simply reflects long-standing U.S. law in this area. Does the U.S.-Australia FTA prevent Congress from passing drug re-importation legislation? No. The FTA reflects current law in the United States. Nothing in this FTA or any other trade agreement prevents Congress from changing U.S. law in the future. Even if a dispute settlement panel found the U.S. acted inconsistently with the FTA, it could n
