Why does Law 34-2004 fail to comply with CAFTA?
Law 34-2004 says it offers data protection, using WTO language. However, it limits this protection to “new” products, defined as products never before registered in Guatemala or anywhere else in the world. As a practical matter, new drugs are not registered in Guatemala before they are registered in the countries where they are invented. This definition eliminates any chance that data protection can be obtained in Guatemala.Why Can’t This Wait Until CAFTA is Ratified? This law gives the U.S. Congress the impression that Guatemala is not serious about complying with commitments it made in the CAFTA. This could result in CAFTA not being ratified by the U.S. Congress, where a close vote is expected.Must Guatemala choose between CAFTA and access to generic drugs? No. Guatemala had access to generic drugs under 9-2003 and will continue to have access to generic drugs if CAFTA is approved. Over 50% of medications consumed in the U.S. are generic. The United States consumes more generic drugs
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- Why does Law 34-2004 fail to comply with CAFTA?
