Finland submitted its reply concerning the Finnish Act on reimbursement for medicines
Press release 68/2009
3 March, 2009
On behalf of the Finnish Government, Minister for Foreign Trade and Development Paavo Väyrynen has, on 27 February, submitted an official reply for the review of industrial and intellectual property rights in accordance with the U.S. Trade Act. The reply has been delivered to the American authorities, the aim being to avoid Finland’s being placed on the Watch List.
The reply clarifies the reference pricing scheme for the reimbursement of medicines being taken into use in Finland as well as Finland’s high level of patent protection. Finland considers the proposed placement on the Watch List to be unreasonable. The reply stresses that the Finnish reimbursement scheme for medications is not discriminatory and that patent protection in Finland is in full compliance with international obligations. In addition, the reply points out Finland’s positive attitude towards innovation and progressive activities in the protection of industrial and intellectual property rights both nationally and internationally.
The Pharmaceutical Research and Manufacturers of America (PhRMA) has requested that Finland be placed on the Watch List. PhRMA considers that Finland does not provide adequate protection for patented products, owing to reform of the scheme for the reimbursement of medicines.
In accordance with regulations of the Trade Act, each year the United States reviews the level of industrial and intellectual property rights protection in other countries. Countries that are not considered to provide adequate and effective protection are placed on a special Watch List. The Administration strives to target measures especially at these countries, in order to rectify the situation. Problem-solving efforts are made largely through diplomatic means, since the United States cannot apply direct countermeasures against member countries of the World Trade Organization.
The annual review process is currently underway. For the review, the Office of the United States Trade Representative requested domestic actors to submit their views by 17 February 2009, and foreign governments to submit their views by 2 March 2009. The Administration of the United States is expected to make its decision on the 2009 Watch List in April.
In 2008 the United States placed, among others, China and Russia on the Priority Watch List. The lower-level Watch List, which has now been proposed for Finland, contains a larger group of countries, including Brazil, Spain, Italy, Norway, Ukraine and Belarus.
Additional information: Ossi Martikainen, Senior Adviser to the Minister for Foreign Trade and Development, tel. +358 9 1605 6306, Head of Unit Ilkka-Pekka Similä, tel. +358 9 1605 5530, and Commercial Counsellor Mary-Anne Nojonen, tel. +358 9 1605 5560