The
Trans-Pacific Partnership is a proposed free trade agreement under negotiation
between Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, the
United States and Vietnam. Leaked documents show the U.S. Trade Representative
(USTR) is pressuring TPP countries to expand pharmaceutical monopoly
protections and trade away access to medicines. Public Citizen and our partners
envision a very different Asia-Pacific region partnership--one that advances pharmaceutical
access and innovation simultaneously. Through analysis, and advocacy, we are
working to spotlight public health and the knowledge economy at the
negotiations and helping countries push back against Big Pharma's corporate
influence.
Access to Medicines
in the Trans-Pacific FTA
The Trans-Pacific
Partnership is a proposed free trade agreement under negotiation between
Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, the United
States and Vietnam. The United States has ambitions to eventually apply the
terms of the proposed Trans-Pacific FTA to the entire Asia-Pacific region –
roughly half the world’s population. Recently, President Obama told reporters
that the Trans-Pacific FTA could be “a real model, not only for the region but for
the world.”
While the negotiating
parties to the Trans-Pacific FTA pledged that it will represent a “new model”
and a “high-standard, 21st century agreement,” it has become
clear that the U.S. Trade Representative (USTR) intends to follow the same aggressive
models established by other free trade agreements of years past – and then go
even further. USTR has proposed measures harmful to access to medicines in
several chapters that have not been seen before in U.S. trade pacts. These
terms concern not only patent and data rules but also attacks on government
purchasing and medicine formularies.
The U.S.-proposed terms
would inhibit access to medicines in individual Trans-Pacific FTA countries and
also constrain potential and emerging sources of supply such as Vietnam and
Malaysia. Applied regionally, the Trans-Pacific FTA would limit the
economies of scale necessary for the generics industry to keep prices low.
These risks combined make the Trans-Pacific FTA especially dangerous for
generic competition and access to medicines in the Asia-Pacific region.
The negotiations are
closed to the public and the text is secret. Nevertheless, leaked texts
have revealed U.S. demands that would:
·
Expand
pharmaceutical patenting and create new drug monopolies, by lowering patentability standards and
requiring patentability of minor variations of older, known medicines.
·
Lengthen
drug monopolies by requiring countries
to extend patent terms.
·
Eliminate
safeguards against patent abuse, including among others the right of third parties to challenge
patent applications (pre-grant opposition).
·
Risk
facilitating patent abuse by requiring countries to condition marketing approval on patent
status (patent linkage). Under patent linkage, even spurious patents may
function as barriers to generic drug registration.
·
Expand
exclusive control over clinical trial data including through an extra three years of data
exclusivity for new uses of known products (in addition to five years
exclusivity for first uses) and a new provision on biotech medicines.
Our work with partners
has supported and helped facilitate impressive resistance from health advocates
and developing countries to anti-access proposals in the Trans-Pacific FTA.
Peru has publicly announced it will yield “not one centimeter more” to U.S.
demands on trade and health, and influential new partners such as the Malaysian
AIDS Council have publicly criticized the agreement. Coalition work has also
led to a new U.S. government initiative on access to medicines that, while
substantively flawed, testifies to the growing influence of the access to
medicine movement. Help us stand for access and fight Big Pharma in the
Trans-Pacific FTA.
A draft
agreement leaked Wednesday shows the Obama
administration is pushing a secretive trade agreement that could vastly expand
corporate power and directly contradict a 2008 campaign promise by President
Obama. A U.S. proposal for the Trans-Pacific Partnership (TPP) trade pact
between the United States and eight Pacific nations would allow foreign corporations
operating in the U.S. to appeal key regulations to an international tribunal.
The body would have the power to override U.S. law and issue penalties for
failure to comply with its ruling. We speak to Lori Wallach, director of Public
Citizen’s Global Trade Watch, a fair trade group that posted the leaked
documents on its website. "This isn’t just a bad trade agreement,"
Wallach says. "This is a 'one-percenter' power tool that could rip up our
basic needs and rights." [includes rush transcript]
Source:
Lori Wallach, director of Public Citizen’s Global Trade
Watch.
Comments:
This is another U.S. tax giveaway fostered by globalist
corporate would-be monopolies. They
could keep law suits filed to extort billions from U.S. taxpayers. This totally undermines U.S. law and
subjugates it to an international tribunal appointed by the global
corporations. It is part of U.N. Agenda
21, global socialist governance.
Norb Leahy, Dunwoody GA Tea Party Leader