Latest TPP Text for IP Shows the US is Committed to Biologics Protections, Say Activist Groups
The transparency activist group WikiLeaks released what it claims to be the latest chapter on intellectual rights in Trans-Pacific Partnership negotiations to meet the public eye. The text, made public Oct. 16, was supposedly released to TPP negotiators in May, and the leak has sparked an outcry from some TPP critics who say the leak shows the U.S. is committed to protecting the pharmaceutical industry over global access to medicine. WikiLeaks, Public Citizen and other activists charge the text shows the U.S. wants extended patent exclusivity for biologics.
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Some lawmakers champion 12 years exclusivity for biologics, but that faces fierce resistance among those activist groups (see 13120415). "A U.S. proposal in the text -- to provide long automatic monopolies for biotech drugs or biologics, which includes most new treatments for cancer -- contradicts the policies included in recent White House budgets and if adopted would undermine key cost savings touted by the administration,” said Public Citizen in a statement on the supposed leak. “The past budgets have included a specific pledge to shorten the same monopoly periods so as to reduce cost burdens on Medicare and Medicaid. If the TPP is ratified with this U.S.-proposed provision included, Congress would be unable to reduce monopoly periods without risking significant penalties and investor-state arbitration.”
The leak, which comes right before the next TPP negotiating round, also claims to show that all parties are on board with geographical indication protections in the agreement, although there seems to be disagreement in many of the details. Those GI protections have developed into a serious point of contention between the U.S. and Europe in Transatlantic Trade and Investment Partnership talks (see 14100121). Chief negotiators are set to meet in Canberra, Australia on Oct. 19, followed by a ministerial in Sydney. Many analysts say the U.S. is holding up an agreement on the IP chapter as a whole (see 14030520). WikiLeaks previously leaked what it said was IP text from August 2013.
While the Office of the U.S. Trade Representative has traditionally not commented on leaked texts, particularly from WikiLeaks, a spokesman emphasized on Oct. 17 the chapter is not yet agreed on. "It is premature to draw conclusions based on supposed leaked text from unnamed sources that does not reflect the current state of the negotiation," said the spokesman. "The U.S. is working to reach an outcome in TPP that reflects our values by working to ensure that the incentives are in place for the development of new, life-saving medicines and that promote access to those medicines. We believe the best approach to pharmaceutical intellectual property issues would be one that offers countries flexibility based on their needs."