US Ambassador confirmed patent linkage under FTA includes biologics

One of the controversies in implementing the KorUS FTA is whether biological products are subject to the patent linkage obligation of the KorUS FTA. The debate was provoked by the Korean government's proposal which applies the patent linkage to biologics. But it is unclear if the FTA text imposes such an obligation. 

TPP and Withdrawn Proposals of the US in the negotiation of the US-Korea FTA

The followings were demanded by the U.S. negotiators but eventually withdrawn during the negotiation of FTA with South Korea.

• Patent term extension due to an approval delay: The US demanded a patent term extension to compensate delay of a marketing approval process in “another” Party.