Correspondence: Tal Band, S. Horowitz & Co., 41-45 Rothschild Boulevard, Tel-Aviv 65784, Israel. E-mail: talb@s-horowitz.com; Website: www.s-horowitz.com

¹is senior partner, S. Horowitz & Co. Tal heads the largest intellectual property group of any major Israeli commercial law firm. He also lectures on patent law and legal aspects of the pharmaceutical market at the respective law faculties of the Tel-Aviv and Haifa universities, Israel. Tal has been involved for several years in both the Special 301 process and the various Israeli legislative process relevant to the matters in hand, on behalf of the Israeli Manufacturers Association (MAoI) (a trade organisation representing the Israeli generic drug companies) and Teva Pharmaceutical Industries Ltd. (Teva). The views expressed herein are his personal views and do not necessarily reflect the views of either the MAoI or Teva.

Received 9 April 2009; Revised 9 April 2009.

Abstract

The paper provides a critical analysis of certain aspects of the Special 301 Report and process, while focusing on the Israel experience. The main argument raised is that both the Special 301 process and its outcome contain serious flaws. It is suggested that the United States Trade Representative's economic ideology bears an important contribution to the formation of such flaws. Such ideology, in the author's opinion, requires modification.