TUNISIA'S PHARMACEUTICAL SECTOR: THE GOT BEGINS TO

UNCLAS TUNIS 000869

SIPDIS

STATE FOR NEA/MAG (LAWRENCE),E, EB, AND EB/CBA
COMMERCE FOR CLDP MARC TEJTEL, ITA/MAC/ONE, AND ADVOCACY
CENTER DAVID ROTH
STATE PLEASE PASS TO USTR DOUG BELL

E.O. 12958: N/A
TAGS: KIPR ETRD ECON EINV TS
SUBJECT: TUNISIA'S PHARMACEUTICAL SECTOR: THE GOT BEGINS TO
COMPLY WITH INTERNATIONAL IPR OBLIGATIONS



1. On April 15, Embassy received a diplomatic note from the
Tunisian Ministry of Foreign Affairs following the
Ambassador's call on the Minister of Public Health on April 7
to discuss "data exclusivity" concerns under Special 301
review.


2. Post's unofficial translation of the note follows.


3. Begin Text:

Tunis, April 15, 2005

The Ministry of Foreign Affairs of the Republic of Tunisia
presents its compliments to the Embassy of the United States
of America in Tunis and following the meeting between the
U.S. Ambassador to Tunis and the Minister of Public Heath on
April 7, and with reference to the "Special 301: Data
Exclusivity" non-paper, the Ministry of Foreign Affairs has
the honor to inform the Embassy of the upcoming developments
regarding pharmaceutical issues within the TRIPS Agreements:

(1) The Ministry of Public Health Circular No.78 dated
October 9, 2004 will be modified in the upcoming days. It
will include Article 39.3 of TRIPS. Also, the period of
protection is for five (5) years regardless of the country of
origin's period of protection. Lastly, it will clearly state
that this measure applies to all products, whether they are
imported or produced locally.

(2) Regarding the "Correlation" system, it is noted that the
system does not affect the "Pharmacie Centrale"'s system of
tenders, which are open irrespective of the country of
origin, and which make up nearly half the market. Also,
market studies show that the "Correlation" system has a
positive psychological impact on the local drug producing
market. Nonetheless, taking into consideration the U.S.
request, the "Correlation" system will be abolished by the
end of next year (2006). This period of time is necessary in
order to avoid a negative psychological impact on investments
in the national pharmaceutical industry.

End Text.


4. Original text is on file and is available upon request if
required.
HUDSON