Sep 272016
 

yuAbstract: From the debate among presidential candidates on whether the United States should ratify the Trans-Pacific Partnership (TPP) Agreement to the arbitrations Philip Morris and Eli Lilly have sought through the investor-state dispute settlement (ISDS) mechanism, the investment-related aspects of intellectual property rights have recently garnered considerable policy, scholarly, and media attention.

This growing attention, to some extent, has brought back memories about the time when the WTO TRIPS Agreement began to transform intellectual property law by redirecting our focus to the trade-related aspects of intellectual property rights. Whether the recent developments on the investment front represent yet another paradigm shift in intellectual property law remains an important academic and policy question. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Sep 142016
 

cato institute logoThe Cato Institute has released a report that “presents a chapter-by-chapter analysis of the Trans Pacific Partnership (TPP) from a free trader’s perspective.” It notes that TPP is really more of a “managed” or “freer” trade agreement than an agreement that really promotes “free trade” in a classic sense. It finds that overall, the “terms of the TPP are net liberalizing,” but that some of the individual chapters – including the intellectual property chapter – are actually “protectionist.” Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Sep 092016
 

msf big square croppedMedicins Sans Frontiers press release, Link

The Trans-Pacific Partnership (TPP) trade deal is currently under consideration by the US and eleven other Pacific Rim nations: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. The agreement is slated to further expand its membership, potentially to all 21 Asia Pacific APEC nations. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Aug 192016
 

lexchin-gleesonAuthors: Joel Lexchin and Deborah Gleeson

Abstract: The Trans Pacific Partnership Agreement (TPP) is a large regional trade agreement involving 12 countries. It was signed in principle in February 2016 but has not yet been ratified in any of the participating countries. The TPP provisions place a range of constraints on how governments regulate the pharmaceutical sector and set prices for medicines. This article presents a prospective policy analysis of the possible effects of the TPP on these two points in Canada and Australia. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Aug 172016
 

google_logo_largeThe New Zealand Parliamentary Committee on Foreign Affairs, Defence and Trade has posted draft legislation to bring its law into compliance with the Trans Pacific Partnership, as well comments on the legislation, all of which are available hereThe following excerpt from the comments submitted by Google New Zealand focuses on the importance of a “flexible and dynamic” copyright exception. 

Google believes that in order to promote innovation and creativity, New Zealand should adopt copyright exceptions that allow the market, new technologies and new creativity to evolve. New Zealand needs not only technologically neutral copyright protections, but also dynamic, technology neutral exceptions that allow new, legitimate uses of copyright and services to evolve as technology evolves. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jul 122016
 

nz flagMinistry of Business, Innovation, and Employment
Government of New Zealand

Submissions are due by 5pm on Monday, 8 August 2016
Consultation document (PDF)

On 11 July 2016, Ministry of Business, Innovation and Employment released a consultation document seeking feedback on proposed regulations to implement the patent term extension provisions in the Trans-Pacific Partnership Agreement Amendment Bill. The Bill will, when it enters into force, amend the Patents Act 2013 to provide for patent term extensions for:

  • Unreasonable delays in patent grant; and
  • Unreasonable curtailment of the effective patent term as a result of the Medsafe approval process.

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 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