Mixed Reaction to Mexico Biological Drug Trade Deal

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Branded drug companies are cautiously supportive of a bullet point in the Trump Administration’s new trade understanding with Mexico that would extend drug patent exclusivity for 10 years and would expand the scope of products eligible for protection. However, generic drug manufacturers say the move would delay biosimilar competition.

Axios quotes Senate Finance Committee chair Orrin Hatch that the provision is a step in the right direction but does not provide a long enough period of exclusivity. Current U.S. law protects drug patents for 12 years, but NAFTA is silent on drug exclusivity protection for biologics. The Trans Pacific Partnership that was never approved included five years of market exclusivity.

The U.S.-based Association for Accessible Medicines was joined by Canadian and Mexican generic drug trade groups in saying the proposal “will harm patients who seek more affordable medicines…. The U.S., Mexico, and Canada should reject these provisions, which would benefit brand name drug companies to the detriment of public health and the affordability of medical care.”

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