[Ip-health] Malaysian civ society on TPPA & Access to Medicines

Peter Maybarduk pmaybarduk at citizen.org
Mon Sep 5 21:01:45 PDT 2011

5th, September 2011
The Malaysian Government is negotiating a Trans-Pacific Partnership (TPPA) free trade agreement in Chicago round talks on 6th to 11th September with the US, Australia, New Zealand, Chile, Peru, Brunei, Singapore and Vietnam. We, the undersigned, declare our opposition to the TPPA as itputs the profits of multinational pharmaceutical companies ahead of the people’s right to health.
We are aware that the United States tabled intellectual property (IP) proposals during previous TPPA rounds that would require significant changes to Malaysian law.  If adopted, the U.S. intellectual property proposals to the TPPA would restrict generic competition, raise drug prices andmake medicines less affordable and less available to Malaysians.  HIV & medicines, Hepatitis Ctreatments, cancer medicines, essential medicines, and lifesaving medicines for many chronicdiseases are all under threat. Many people in Malaysia already lack access to lifesaving medicinesand new trade barriers will further limit their access to affordable medicines.
We stand in opposition to any & all proposals that negatively impact access to medicines in the TPPA including:
·DATA EXCLUSIVITY that prevents governments from relying on clinical trial data toregister generic versions of medicines even if they are off-patent or after their patents haveexpired or been revoked. This measure also complicates the issuance of compulsory licenses.
·PATENT TERM ADJUSTMENT/EXTENTIONS that extend the duration of a patent beyond 20 years.
·EXTENSION of PATENT PROTECTION to new uses, methods and forms of knownsubstances. This measure allows the extension of monopolies on these medicines to last adecade or more through minor changes in drug formulation or process.
·PATENT LINKAGE that prevents the registration of generic versions of patented medicinesand undermines the early working and research exceptions. This measure can potentially delaythe entry of generic medicines even after the expiration or revocation of a patent or when a compulsory license is issued.
·BORDER MEASURES that could deny medicines to patients in other developing countriesif custom officials seize generic medicines that are being imported, exported or are in transit.
§IP PROVISIONS that allow multinational pharmaceutical companies in courts to presume any challenged patent valid and that weigh the patent holder’s measure of the value of the damages.
INVESTMENT RULES that could allow multinational companies to sue governments over application of domestic health regulations in private international arbitration & that may prevent governments from promoting local manufacturing.”
 We call on:
·         The GOVERNMENT OF THE UNITED STATES to immediately withdraw any and allTRIPS-plus provisions in the intellectual property chapter of the TPPA, and to immediatelycease all other forms of pressure & lobbying against Malaysia and Malaysian officials.
·         NATIONAL GOVERNMENTS OF THE OTHER TPPA SIGNATORY COUNTRIES to come together & refuse to accept any further restrictions on production,registration, supply, import or export of generic medicines; to launch Asian- Pacificcollaboration on an urgent basis to put in place a sustainable, affordable pipeline of genericmedicines for future generations; and to call for an immediate review of TRIPS & its impact onaccess to medicines in developing & least developed countries.
·         The MALAYSIAN GOVERNMENT to immediately end secrecy around the TPPAnegotiations, make negotiation texts available for public scrutiny & to support through open,transparent & public consultations, assessments of the impact of such negotiations on the rightto health & other rights.
·         MALAYSIAN PARLIAMENT & CONSTITUTIONAL BODIES to immediatelyrequest the TPPA negotiating texts; review their impact on the right to health & access tomedicines; refuse to endorse or ratify the Agreement that would be signed with provisionsthat undermine their people’s right to access affordable treatment; and review Malaysianlaws including patent and medicine regulatory laws and policies to ensure all aspects andelements of the Doha Declaration are in these laws.
·         CIVIL SOCIETY GROUPS, PEOPLE LIVING WITH HIV, ALL COMMUNITIESFACING COMMUNICABLE, CHRONIC &/OR NON-COMMUNICABLE DISEASESin the TPPA signatory countries to join forces to halt any & all trade agreements that restrictaccess to generic medicines.
We stand in solidarity with all other peoples  & movements whose rights to life, health, livelihood,equality, equity, food, environment, knowledge, traditional systems of life & livelihood will also benegatively impacted by these free trade agreements that threaten to widen the gap between the rich &the poor not only between countries but within countries as well.

Malaysian AIDS Council

PT Foundation, Malaysia

Positive Malaysian Treatment Access and Advocacy Group (MTAAG+), Malaysia

For further information, please contact :

Edward Low

e-mail: erd_2000_1999 at yahoo.co.uk

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