US HB3995 | 2011-2012 | 112th Congress
Status
February 16 2012 - Referred to the Subcommittee on Intellectual Property, Competition and the Internet.
Pending: House Subcommittee on Intellectual Property, Competition and the Internet Committee
Text: Latest bill text (Introduced) [PDF]
Pending: House Subcommittee on Intellectual Property, Competition and the Internet Committee
Text: Latest bill text (Introduced) [PDF]
Summary
Protecting Consumer Access to Generic Drugs Act of 2012 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than: (1) the right to market the generic drug before the expiration of the patent or other exclusivity period, or (2) the waiver of a patent infringement claim for damages. Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers. Amends the Federal Food, Drug, and Cosmetic Act to deem an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.
Title
Protecting Consumer Access to Generic Drugs Act of 2012
Sponsors
| Rep Rush, Bobby L. | Rep Butterfield, G. K. | Rep DeGette, Diana | Rep Pallone, Frank, Jr. |
| Rep Schakowsky, Janice D. | Rep Van Hollen, Chris | Rep Waxman, Henry A. |
History
| Date | Chamber | Action |
|---|---|---|
| 2012-02-16 | House | Referred to the Subcommittee on Intellectual Property, Competition and the Internet. |
| 2012-02-10 | House | Referred to the Subcommittee on Health. |
| 2012-02-09 | House | Referred to House Judiciary |
| 2012-02-09 | House | Referred to House Energy and Commerce |
| 2012-02-09 | House | Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. |
Subjects
Administrative law and regulatory procedures
Commerce
Competition and antitrust
Contracts and agency
Federal Trade Commission (FTC)
Intellectual property
Marketing and advertising
Prescription drugs
Commerce
Competition and antitrust
Contracts and agency
Federal Trade Commission (FTC)
Intellectual property
Marketing and advertising
Prescription drugs
US Congress State Sources
| Type | Source |
|---|---|
| Summary | http://thomas.loc.gov/cgi-bin/bdquery/z?d112:HN03995:@@@L&summ2=m& |
| Text | http://gpo.gov/fdsys/pkg/BILLS-112hr3995ih/pdf/BILLS-112hr3995ih.pdf |
