Overview
This section outlines the requirements and considerations for the government's use of patented technology as governed by international trade agreements, specifically the United States-Mexico-Canada Agreement (USMCA) and the General Agreement on Tariffs and Trade (GATT).
Key Rules
- Legal Consultation: Contracting officers are required to consult with legal counsel whenever questions arise regarding the use of patented technology under the USMCA.
- Public Health Focus: Article 20.6(a) of the USMCA specifically addresses patent considerations regarding pharmaceuticals and public health.
- Unauthorized Use: Under GATT (specifically Article 31 of the TRIPS Agreement), member countries are permitted to use patented technology without the owner's authorization under specific conditions, including use by the government.
- Regulatory Continuity: The USMCA preserves existing rights established under the GATT TRIPS agreement regarding the unauthorized use of patents.
Practical Implications
- Contracting officers must defer all technical legal interpretations of international intellectual property rights to agency legal counsel to ensure compliance with trade obligations.
- The government retains the flexibility to bypass patent exclusivity in critical sectors like healthcare or national emergencies, provided the actions align with the protocols established in GATT and the USMCA.