Apr 222016
 
image: 未知との遭遇 (CC-BY)

image: 未知との遭遇 (CC-BY)

Knowledge Ecology International (KEI) has leaked draft texts of the Regional Comprehensive Economic Partnership (RCEP) chapters on intellectual property and investment.  The drafts are dated October 2015. RCEP is a large trade deal being negotiated by the ASEAN nations (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, Vietnam) and their current FTA partners (Australia, China, India, Japan, South Korea and New Zealand). Negotiations are happening this week in Perth, Australia.

Though RCEP is sometimes presented as a sort of non-U.S.-influenced alternative to the Trans Pacific Partnership, many of the same types of provisions are found in the IP and investment chapters.  Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Apr 192016
 

clinton-sandersThe Pennsylvania Fair Trade Coalition (PFTC) has released questionnaires completed by candidates Sanders and Clinton on their views on the Trans Pacific Partnership. The questionnaires consist of ten questions and allow the candidates to give detailed answers.  Topics include intellectual property and medicines, labor, environment, and fast track. Both candidates’ fully completed questionnaires are available in the PFTC press release. Question 4, on intellectual property and access to medicine, and each candidates’ full answer, are reproduced below: Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Apr 132016
 

msf big square cropped[Joint civil society letter, Link]  Dear Member of Congress: As organizations concerned with public health in the United States and across the world, we are alarmed by the implications for access to medicines of the Trans-Pacific Partnership (TPP), signed by the U.S. and 11 other countries on February 4th, 2016. The intellectual property (IP), investment, and pharmaceutical and medical device reimbursement listing provisions included in the TPP would do more to undermine access to affordable medicines than any previous U.S. trade agreement. We therefore urge you to reject the TPP in its current form. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Apr 042016
 

WCL main logoThe following submission was made last week by Peter Jaszi, Michael Carroll, Sean Flynn and Meredith Jacob to the New Zealand Ministry of Business, Innovation and Employment. It was in response to a consultation document released by the Ministry on the implementation of TPP intellectual property obligations. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 252016
 

US-EUThe European Union has published its report on the 12th round of Transatlantic Trade and Investment (TTIP) negotiations, held in Brussels Februiary 22-26.  The full document is available here.  The section reporting on the intellectual property negotiation (pp. 15-16) follows:

3.5 Intellectual property rights, including Geographical Indications

Given the efficiency of the respective systems, the EU’s intention in this area of negotiations is not to strive towards harmonisation but to identify issues of common interest where we can address divergences. The latest discussions continued to explore what elements a TTIP IPR chapter could include. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 152016
 

chienAuthor: Colleen Chien

Abstract: One of the purposes of the Trans‐Pacific Partnership (TPP) is to harmonize standards and create a uniform climate for trade and investment. As lawmakers deliberate the terms of the deal, they must consider what the long‐term impact of agreeing to its sweeping provisions will be. As they do so, they should keep in mind that the gaps between the agreed‐upon principles and local implementation, and the differences between local implementation – some of them by design – are often quite great. Drawing upon the existing literature, this short essay provides a survey of the extent of harmony and disharmony in the 20 years that have passed since ratification of the TRIPS agreement, with a focus on its patent provisions. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 092016
 

NewZealandNew Zealand Ministry of Business, Innovation and Employment (Link)
Submissions are due by 5pm on Wednesday, 30 March 2016
Submission template (MS Word)
Discussion paper (PDF)

Summary: On 9 March 2016, the Minister of Commerce and Consumer Affairs announced the release of a consultation document that seeks feedback on how the Government proposes to implement the intellectual property changes required to ratify the Trans-Pacific Partnership (TPP) Agreement. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 082016
 

plosBaker BK (2016) Trans-Pacific Partnership Provisions in Intellectual Property, Transparency, and Investment Chapters Threaten Access to Medicines in the US and Elsewhere. PLoS Med 13(3): e1001970. doi:10.1371/journal.pmed.1001970

Introduction:

A new Pacific-Rim trade agreement threatens future access to affordable medicines in the United States and abroad. Buried in 6,000-plus pages of text, annexes, and side letters, there are multiple provisions—complex in their articulation, but simple in their effect: they dramatically increase monopoly protections for the transnational originator pharmaceutical industry. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Feb 182016
 

effbig[Posted on eff.org, Link (CC-BY)] When the text of the Trans-Pacific Partnership (TPP) was first released in November last year, it included provisions dictating the kinds of penalties that should be available in cases of copyright infringement. Amongst those provisions, the following footnote allowed countries some flexibility in applying criminal procedures and penalties to cases of willful copyright infringement on a commercial scale: Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Feb 092016
 

palmedoAs readers of this blog are well aware, one of the most controversial issues in the Trans Pacific Partnership was the length of data exclusivity for biologic drugs. The U.S. sought a twelve year period (which would be consistent with current U.S. law) during which competitors would be unable to enter the market to compete with innovator firms unless they duplicated safety and efficacy data to obtain regulatory approval. Other countries sought lesser terms, arguing that long periods of data exclusivity raised the price of biologic medicines by blocking generic competition. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Feb 022016
 

butler150pxThe Trans-Pacific Partnership (“TPP”) is a massive new trade agreement recently negotiated between the US and a host of countries including Australia, Japan, Canada, Mexico, Singapore, and Chile. The TPP’s IP Chapter (PDF) includes a series of provisions that address rightsholder abuse. While the agreement’s acknowledgment of abuse is salutary, and the protections it affords to users are real, these provisions rely largely on the discretion of judicial or administrative authorities, making the agreement’s protections for users less certain than protection for rightsholders. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jan 252016
 

USTR SealOfficials from the U.S. Trade Representative’s office have been signaling to businesses unhappy with the deal finalized last year that they may win extra concessions from TPP partner countries through the implementation process.

Politico reports that U.S. Trade Representative Michael Froman “is sending the message that he’s listening to calls from business groups and some members of Congress to address their complaints with TPP through the way it is implemented, as well as other avenues. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly