[Ip-health] European Commission publishes negotiating proposals for EU-Indonesia trade deal

Mohga Kamal-Yanni mkamalyanni at Oxfam.org.uk
Thu Feb 9 07:58:40 PST 2017

Thanks a lot Brook.
This is bad enough but  I also wonder about ISDS

Which Indonesian NGOs are following this FTA negotiation?

Best wishes for a sane, just  and peaceful 2017 مع أطيب التمنيات لعالم 
أكثر عقلا’ وعدلآ وسلامأ
Mohga dictating to the computer so please ignore silly mistakes
Mohga Kamal-Yanni
Senior health & HIV policy advisor, Oxfam GB
Editor of www.globalhealthcheck.org
John Smith Drive, Oxford, OX4 2JY, UK (GMT, CET-1, EDT+5, EST+6)
UK Mobile   + 44 (0)777 62 55 884
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From:   "Baker, Brook" <b.baker at northeastern.edu>
To:     Alienor DEVALIERE <Alienor.DEVALIERE at msf.org>, 
"ip-health at lists.keionline.org" <Ip-health at lists.keionline.org>
Date:   09/02/2017 15:26
Subject:        Re: [Ip-health] European Commission publishes negotiating 
proposals for EU-Indonesia trade deal
Sent by:        "Ip-health" <ip-health-bounces at lists.keionline.org>

It is important to note that the EU proposals on IP are TRIPS-plus in 
multiple regards and would surely reduce policy space in Indonesia and 
negatively impact access to affordable medicines.  Even a preliminary 
review of the proposal reveals:

1.  A requirement to make all reasonable efforts to abide with the WIPO 
Patent Law Treaty, which risks enshrining lower standards of 

2.  Mandatory patent term extensions to compensate for regulatory delay in 
granting marketing approval of medicines with a proposed minimum 15 year 
term of effective patent coverage.

3.  An additional mandatory patent term extension in the case of pediatric 

4.  Enhanced enforcement measures in terms of:  intermediary liability, 
mandatory provisional measures, border measures involving suspected patent 
violations, and lost-profit damages.

5.  National and regional exhaustion of rights only, limiting right of 
parallel importation.

Although lip service is paid to preserving TRIPS-flexibilities and 
self-congratulations about preserving compulsory licensing rights 
enshrined in the Doha Declaration, the EU proposals are profoundly 
TRIPS-plus. The impacts of patent term extensions and data/marketing 
exclusivities based on registration-related data/decisions on access to 
more affordable generic medicines will be profound.  The number of years 
of TRIPS-plus protections has not yet been finally determined, but the 
pretense of protecting access-to-medicines must be condemned.


Professor Brook K. Baker
Health GAP (Global Access Project) &
Northeastern U. School of Law, Program on Human Rights and the Global 
Honorary Research Fellow, Faculty of Law, Univ. of KwaZulu Natal, SA
400 Huntington Ave.
Boston, MA 02115 USA
(w) 617-373-3217
(c) 617-259-0760
(f) 617-373-5056
b.baker at neu.edu
From: Ip-health <ip-health-bounces at lists.keionline.org> on behalf of 
Alienor DEVALIERE <Alienor.DEVALIERE at msf.org>
Sent: Thursday, February 9, 2017 3:48:57 AM
To: ip-health at lists.keionline.org
Subject: [Ip-health] European Commission publishes negotiating proposals 
for EU-Indonesia trade deal

Hi All,

FYI, the European Commission has published 9 proposals<
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1620> for a trade 
agreement with Indonesia.

You can find here is the EU text proposal on the IP chapter (sub-section 5 
on patents / section C on enforcement of IP rights / section D on border 

And here is the factsheet on EU proposal on IPR: 
Interesting to note that the EU expressly mentions its support to the 
TRIPS flexibilities and compulsory licensing.

Aspect related to access to medicines:

"Ensuring access to medicines is very important for the EU and Indonesia. 
The EU has consistently sought to address the complex challenges involved 
and has supported its partner in reforming and strengthening its health 
care system.
As it is important to ensure that IPRs do not hinder access to medicines, 
a number of exceptions have been proposed in the IPR legislation, 
particularly through some of the so-called "TRIPS flexibilities" to 
protect public health. The "TRIPS flexibilities" include for
Example that the EU and Indonesia will keep the right to grant compulsory 
licenses and the freedom to determine the grounds upon which such licenses 
are granted. The EU proposal on intellectual property includes an explicit 
reference to the Doha Declaration that recognises such flexibilities. Both 
parties will also keep the right to determine what counts as national 
emergency or extreme emergency. This will make it easier for them to issue 
a compulsory license in these special situations. The proposal makes sure 
that the flexibilities granted by the TRIPS Agreement, especially 
regarding patents on medicines, can be fully used. This means
the IPR chapter will always support the rights and flexibilities of World 
Trade Organization (WTO) members as recognised in the
Doha Declaration. »

Commission publishes negotiating proposals for EU-Indonesia trade deal

The European Commission published today nine initial European proposals<
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1621> for the trade 
agreement under negotiation with Indonesia. Together with the proposals, 
the Commission has made available the report from the second round of 
talks that took place in Indonesia between 24 and 27 January. The texts 
now made available represent the EU's initial negotiating position, and 
its publication is part of the Commission's commitment for a more 
transparent trade and investment policy. Trade Commissioner Cecilia 
Malmström said: "The EU's aim in these trade talks is to build bridges 
with Indonesia, a country of over 250 million people and the largest 
market of Southeast Asia. Our ambition is to conclude an agreement that 
makes trade and investment easier and covers a broad range of issues, 
including rules on sustainable development." Amongst other things, the 
texts presented by the EU in the negotiations so far aim to: increase 
participation of European companies in Indonesian public tenders and vice 
versa; increase cooperation on imports requirements related to food 
safety, plant and animal health; broaden protection of traditional 
European products, known as 'geographical indications'; reduce unnecessary 
overlapping regulatory barriers to trade and increase the part of trade 
benefits that go to small companies. At the same time, the agreement will 
uphold levels of consumer, worker and environment protection and promote 
sustainable development. Further EU proposals will be made available as 
the negotiations progress on the Transparency in Action<
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1395>  portal, where 
EU proposals from other negotiations are already published since October 
2015. The negotiations with Indonesia were launched in July<
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1528> of last year. 
More information on the recent round is available in a blogpost<
> by Commissioner Malmström.

Aliénor Devalière
EU Policy and Advocacy Advisor
Médecins Sans Frontières - Access Campaign
Tel: +32 24 74 75 24
Mobile: +32 476 86 32 54
Email: alienor.devaliere at brussels.msf.org<
mailto:alienor.devaliere at brussels.msf.org>

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