The Trans-Pacific Partnership (TPP) is a highly secretive trade agreement being negotiated between the US and eleven Pacific Rim countries, including Australia. Having obtained a fast-track authority from the United States Congress, US President Barack Obama is keen to finalise the deal. However, he was unable to achieve a resolution of the deal at recent talks in Hawaii on the TPP. A number of chapters of the TPP will affect the creative artists, cultural industries and internet freedom – including the intellectual property chapter, the investment chapter, and the electronic commerce chapter.
Abstract: Much of the literature on the three-step test focuses on its implementation in relation to one particular intellectual property regime only, usually copyright. That approach tends to limit analysis of the test to a comparison of the different steps of the test with each other. Such an approach is valuable, but it does not provide the full picture. What is missing is a comparison of the same step within the different versions of the test.
Cross posted from the Third World Network page on IP and Access to Medicines.
SUMMARY: Biologics at monopoly prices are extremely expensive and are a growing share of medicines, including life-saving medicines. The latest leaked TPP IP chapter proposes a monopoly of up to 12 years for biologics, even when they are not patented.
Therefore what is defined as a ‘biologic’ that gets this exclusivity period for up to 7 years longer than chemical medicines in the leaked TPP IP chapter is very important.
After a long campaign by right-to-health activists and TPP partners, it appears that the U.S. has finally dropped its efforts in TPP negotiations to require patent coverage for new forms of known products that lack evidence of enhanced efficacy. The most recent previous leaked draft TPP patent chapter contained Article QQ.E.1.2 which stated that a “patent may not be denied solely on the absence of enhanced efficacy of a known product where the applicant has set forth distinguishing features.” This provision – or any equivalent – is now absent from the draft text leaked by KEI yesterday.
Knowledge Ecology International has leaked the Trans Pacific Partnership draft chapter on intellectual property, dated May 11, 2015. They have also posted Director James Love’s initial comments on the patents and test data provisions, as well as his comments on the copyright provisions.
Other analyses on the text have been posted by Médecins Sans Frontières, Latrobe University Prof. Deborah Gleeson, and University of Ottawa Prof. Michael Geist. More analyses of the text are sure to come.
In Peru, there is an internal confrontation between ministries due to the data protection provisions of the TPP. The Ministry of Health opposes to the extension on data protection due to the effects than it can have on access over medicines for Peruvians, as many international organizations such as Medicos Sin Fronteras have claimed. Nonetheless, the Ministry of Commerce, in a document published puts this statement in doubt. The document contains 105 questions about TPP. Regarding access to medicine the document raises a question: will the TPP affect public health? Then the document states that the same concern was made during the Peru-U.S. FTA negotiation, but that to the moment those concerns have not been rejected or accepted by the Ministry of Commerce.
This post contains a brief summary of, and excerpt from, a report published by the Third World Network. Click here for the full report. (eds.)
This document summarises some of the ways in which the Trans-Pacific Partnership Agreement (TPP) can harm human rights. The analysis below only examines the impact on recommendations and comments by United Nations (UN) Special Procedures mandate-holders and other United Nations human rights bodies,a so there are other human rights which are likely to be adversely affected by the TPP which are not covered here.
FOR IMMEDIATE RELEASE | CONTACT:
Nicole L’Esperance (Blumenauer), 202-225-4811
Aaron Hunter (Davis), 202-225-1686
Patrick Malone (Himes), 202- 225-5541
Washington, DC – As Trans-Pacific Partnership (TPP) negotiators meet in Hawaii, Representatives Earl Blumenauer (OR-03), Susan Davis (CA-53), Jim Himes (CT-04), and other Democratic members of the U.S. House of Representatives who recently voted to grant President Obama Trade Promotion Authority (TPA) urged U.S. Trade Representative (USTR) Michael Froman to ensure Intellectual Property (IP) provisions in the TPP protect timely and affordable access to medicines.
Dear Ambassador Froman: All consumers are users of intellectual property. The average American interacts with hundreds, if not thousands, of IP-protected products and goods each day. The Trans-Pacific Partnership must not weaken or otherwise disrupt the protections afforded to American consumers.
The United States is a global leader in intellectual property, not only because of the rights enjoyed by creators of knowledge goods, but also because of those rights granted to consumers. Preserving these rights must be central to any trade negotiation.
The following is an excerpt from the executive summary of a forthcoming paper. The paper was written under an IISD project funded under the Knowledge Partnership Programme of DFID India and IPE Global Pvt Ltd. The views are strictly those of the authors.
The report addresses recent developments in the area of intellectual property rights (IPRs) since the adoption of the TRIPS Agreement (1994) with particular emphasis on trends in preferential trade agreements (PTAs) and plurilateral initiatives such as the Trans-Pacific Partnership Agreement (TPP), ACTA and the new agenda of the European Union (EU) on intellectual property.
[Médecins Sans Frontières press release, Link] At the International AIDS Society (IAS) Conference today, the international medical humanitarian organisation Doctors Without Borders/Médecins Sans Frontières (MSF) warned that middle-income countries (MICs), which will be home to 70% of people living with HIV by 2020, face increasing threats to their ability to access affordable generic medicines, which are crucial to countries’ ability to reach the global UNAIDS 90/90/90* targets.
Inside U.S. Trade reports that USTR has “effectively wrapped up” negotiations with Vietnam and Singapore and “will seek to bring TPP ‘to some kind of a conclusion’ when ministers meet later this month in Hawaii.” Froman has delivered an “ultimatum” to Malaysia.
Reps. Schakowsky and DeLauro joined MSF, AARP and others at a press briefing on IP and Access to Medicines. Rep. Schakowsky told the press that “What is clear is that it is U.S. negotiators who are pushing to tilt the balance between intellectual property rights and public health even more toward the brand-name drug companies.”