US-Morocco FTA Provisions for Intellectual Property Rules Draw Attention from the United Nations
14 Jun 2006
On May 19, the United Nations Committee on Economic, Social, and Cultural Rights formally expressed concerns over provisions in the US-Morocco Free Trade Agreement (FTA), concerning access to generic medicines and Moroccans’ right to health.
Although several nongovernmental organizations expressed significant opposition prior to its implementation, the FTA became official on January 1. At issue are the agreement’s provisions for intellectual property (IP) rules, which reportedly place constraints on the Moroccan pharmaceutical industry’s flexibility in creating and marketing generic medicines for sale domestically and abroad. Additionally, the FTA limits the nation’s ability to import more affordable patented medicines from any other nation. Finally, the agreement bars Morocco from altering its legal framework to exercise its right to take necessary measures as sanctioned by the World Trade Organization’s (WTO) Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Public Health, which could complicate future efforts by the nation to ensure affordable access to medicines. That could be seen as a potential barrier to Moroccan citizens’ international right to health.
During the UN Committee’s review of Morocco’s FTA with the United States, a committee member questioned whether Morocco is meeting its obligations under the International Covenant on Economic, Social, and Cultural Rights (ICESCR)—one of the foremost international human rights treaties. As a party to ICESCR, Morocco is bound by Article 12 of the treaty to take all measures to ensure that its citizens have access to affordable medicines.
Source: Source: 3D Trade-Human Rights-Equitable Economy. June 2006. Access to Affordable Drugs: Morocco’s FTA Implementation Must Not Negatively Affect the Poor. Geneva, Switzerland. www.3dthree.org.
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