Medical Tourism in Developing Countries

212 ● Notes2. Simonetta Zarrilli, “Identifying a Trade-Negotiation Agenda,” in WHO, Tradein Health Services: Global, Regional and Country Perspectives (Washington, D.C.:Pan American Health Organization, Program on Public Policy and Health,Division of Health and Human Development, 2002), p. 76.3. Linda F. Powers, “Leveraging Medical Tourism: Opportunities and Challengesfor Biotechs Follow People on Health Holiday,” The Scientist 20, no. 3 (2006):p. 79.4. Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518 (1972).5. See Patent Law Amendments Act of 1984, Pub. L. No. 98-622, 98 Stat.3383.6. See 35 U.S.C. § 271(f):(1) Whoever without authority supplies or causes to besupplied in or from the United States all or a substantial portion of the componentsof a patented invention, where such components are uncombined in wholeor in part, in such manner as to actively induce the combination of such componentsoutside of the United States in a manner that would infringe the patentif such combination occurred within the United States, shall be liable as aninfringer. (2) Whoever without authority supplies or causes to be supplied in orfrom the United States any component of a patented invention that is especiallymade or especially adapted for use in the invention and not a staple article orcommodity of commerce suitable for substantial noninfringing use, where suchcomponent is uncombined in whole or in part, knowing that such componentis so made or adapted and intending that such component will be combinedoutside of the United States in a manner that would infringe the patent if suchcombination occurred within the United States, shall be liable as an infringer.7. Steven C. Tietsworth, “Exporting Software Components—Finding a Role forSoftware in 35 U.S.C. § 271(f) Extraterritorial Patent Infringement,” 42 SanDiego Law Review 405 (February–March 2005).8. AT&T v. Microsoft at 1372.9. Microsoft Corp. v. AT&T Corp., 550 U.S. –, No. 05-1056 (April 30, 2007)10. Powers, “Leveraging Medical Tourism,” p. 79.11. Jim McCartney “Medical Studies Quicker in India, Smaller Device FirmsBenefit,” www.twincities.com/mid/twincities/business/15551577.htm, accessedNovember 19, 2006.12. The others are: (1) Quantity-based barriers, (2) Price-based barriers, (3) Barriersthat impose physical or corporate presence in a domestic market, (4) Barriersrelated to standards, certification, and industry-specific regulations, and (5)Procedures of government procurement and subsidization. Rashmi Banga, “Tradeand Foreign Direct Investment in Services: A Review,” Working Paper 154, IndianCouncil for Research on International Economic Relations, 2005, p. 15.13. This reason to meet international quality control standards is crucial for developingcountries that are exporting medical equipment. For example, 39% ofMalaysia’s total medical device exports are destined for the EU, so compiling withEU’s CE Mark approval standard is crucial. Ames Gross, “Updates on Malaysia’sMedical Markets,” Pacific Bridge Medical (June 1999), www.pacificbridgemedical.com/publications/html/MalaysiaJune99.htm, accessed June 11, 2006.