US embassy cable - 05TUNIS869

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