[Ip-health] Medicines Patent Pool Statement on USTR Trans-Pacific Partnership White Paper

Kaitlin Mara kmara at medicinespatentpool.org
Wed Sep 14 10:30:41 PDT 2011

The recently released White Paper ³Trans-Pacific Partnership Trade Goals
to Enhance Access to Medicines² by the United States Trade Representative
mentions the Medicines Patent Pool as an initiative supported by the
United States Government.

The Medicines Patent Pool, of course, values highly the collaboration that
led to its first licence agreement with the US NIH in September of last
year, and appreciates the political support that it has received from the
US as well as other governments. We recognise that support from a wide
range of governments and government agencies is essential to our success.

But we would also like to make clear that the Medicines Patent Pool has
serious concerns about intellectual property provisions that may
negatively impact on access to medicines in developing countries such as
those reportedly being included in the TPP.  These include, for example,
provisions that go beyond the TRIPS agreement such as requiring data
exclusivity, linking patent status with medicines regulation, patenting of
new uses and new forms of known substances and the prohibition of
pre-grant oppositions. Such policies may hinder the ability of countries
to gain access to affordable essential medicines, including those needed
for the treatment of HIV, and any approach to enhance access to medicines
should therefore avoid them.

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