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.
- The proposed definitions of biologics in the latest leaked TPP IP chapter are very broad and would give monopolies of up to 12 years, even when there is no patent, for naturally occurring products or synthesised versions of them etc.
- Even if ‘biologic’ is defined to be a protein, this is likely to include most biologic medicines, including naturally occurring products such as soy, or the blood from ebola survivors.
Accepting these broad definitions in the TPP text would lock in an unnecessarily large number of biologic medicines at the extremely high monopoly prices for the up to 12 years proposed, even when there is no patent and without any exceptions, even in an epidemic or other crisis situation.
Any biologics definition in the TPP text also risks being outdated very quickly as the science is fast moving in this field, so it is best to leave it to be defined in national law where it can be updated more quickly and easily.
