Pakistan: Conclusion of WTO Dispute Settlement Proceeding Regarding Patent Protection for Pharmaceuticals and Agricultural Chemicals

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On April 30, 1996, the United States Trade Representative initiated an investigation under section 302(b)(1) of the Trade Act of 1974 regarding the inadequate patent protection provided by the Government of Pakistan to United States individuals and firms involved in the development of innovative pharmaceutical and agricultural chemical products, in light of Pakistan's obligations under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Following consultations between the United States and Pakistan, Pakistan issued Ordinance No. XXVI of 1997, establishing the framework for a filing system for patent applications drawn to such products and for the grant of exclusive marketing rights under certain circumstances. On February 28, 1997, the United States and Pakistan jointly notified the WTO Dispute Settlement Body (DSB) of the settlement of this matter in light of Pakistan's planned implementation of Ordinance No. XXVI. Having reached a satisfactory resolution of the issues under investigation, the USTR has terminated this section 302 investigation and will monitor implementation of the agreement under section 306 of the Trade