Identifier | Created | Classification | Origin |
---|---|---|---|
03ABUDHABI4594 | 2003-10-14 12:47:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Abu Dhabi |
null Diana T Fritz 03/20/2007 04:15:33 PM From DB/Inbox: Search Results Cable Text: UNCLASSIFIED SIPDIS TELEGRAM October 14, 2003 To: No Action Addressee Action: Unknown From: AMEMBASSY ABU DHABI (ABU DHABI 4594 - ROUTINE) TAGS: PREL, ETRD, KIPR Captions: None Subject: UAE HEALTH MINISTRY STRENGTHENS IPR PROTECTION FOR PHARMACEUTICALS Ref: None _________________________________________________________________ UNCLAS ABU DHABI 04594 SIPDIS CXABU: ACTION: ECON INFO: P/M AMB DCM POL Laser1: INFO: FCS DISSEMINATION: ECON CHARGE: PROG APPROVED: CDA:RALBRIGHT DRAFTED: ECON:CMCRUMPLER CLEARED: ECON:OJOHN VZCZCADI643 RR RUEHC RUEHGV RUCNWTO RUCPDOC RUEHRH RUEHDI DE RUEHAD #4594 2871247 ZNR UUUUU ZZH R 141247Z OCT 03 FM AMEMBASSY ABU DHABI TO RUEHC/SECSTATE WASHDC 2072 INFO RUEHGV/USMISSION GENEVA 0535 RUCNWTO/WORLD TRADE ORGANIZATION COLLECTIVE RUCPDOC/USDOC WASHDC RUEHRH/AMEMBASSY RIYADH 1309 RUEHDI/AMCONSUL DUBAI 3474 |
UNCLAS ABU DHABI 004594 |
1. (U) Classified by Charge D'Affaires Richard A. Albright for reasons 1.5 (b) and (d). 2. (U) Summary and comment: The UAE Ministry of Health (MoH) issued a circular this week stating the mechanism of granting exclusive marketing rights in the UAE for all innovative pharmaceutical products registered in other countries. The circular also implied that the MoH would coordinate with the UAE Ministry of Finance (MoF) to approve exclusive marketing rights, and offer protection for data secrecy. 3. (SBU) Summary and comment continued: This is good news for U.S. pharmaceutical manufactures that have sought to codify the prevailing practice under the terms of the patent protection agreement reached with U.S. pharmaceutical industry group, PhRMA in March 2002 (see refs). The circular also extends the benefits of the March 2002 agreement to all patent-protected drugs (not only U.S. origin pharmaceuticals) and strengthens the UAE's Patent Law released last year -- which failed to provide a mechanism for granting exclusive marketing rights absence MoH-MoF cooperation or afford any protection of data secrecy. End summary and comment. 4. (U) The MoH circular issued this week explained that pharmaceutical manufacturers seeking patent protection in the UAE should register their innovative product with the MoF Patent Directorate, produce a Certificate of Pharmaceutical Product from the regulatory authority in the country of origin, and submit details of the original patent of the innovative product to the Patent Directorate. 5. (U) Once the MoF process is complete, the MoH will then grant exclusive marketing rights to the manufacturer for the innovative product. The circular also suggests that there will be some protection of data exclusivity, and that this data secrecy period will run coterminous with the period of patent protection in the country where the original patent was granted. The circular adds that patent protection in the UAE will be provided "as long as the patent is not rejected by the Patent Directorate or the courts in the country of origin." An application to market generic drugs in the UAE would be accepted 12 months before the expiration date of the UAE protection of the innovative product. 6. (SBU) PhRMA's legal representative in the UAE told Econoff that the circular was welcome news to U.S. pharmaceutical companies. He noted that this was the first step to strengthening the UAE's IPR legislation vis-a-vis pharmaceuticals, and is an obvious show of good faith by the UAEG to honor the terms of the March 2002 agreement. He was skeptical however, that the circular would be applied evenly to U.S. and non-U.S. innovative products. An expat adviser to the MoH admitted to him that the Ministry, in practice, grants exclusive marketing rights in the UAE only to patented products from the United States and Europe. Albright |