[Ip-health] TPP vs. May 10 Agreement

Peter Maybarduk pmaybarduk at citizen.org
Fri Oct 9 12:14:33 PDT 2015


Analysis of May 10 Agreement vs. final proposed TPP rules: http://www.citizen.org/documents/May10vTPP1.pdf

On May 10, 2007, Democratic leaders in the U.S. House of Representatives brokered a deal with the George W. Bush Administration designed in part to reduce the negative consequences of U.S. trade agreements for global access to medicines. The May 10 Agreement placed limits on the new monopoly powers that would be granted to pharmaceutical companies in trade agreements, including those with Peru and Panama. This would facilitate the continued generic competition on which many people depend for access to affordable medicine. 

>From early on in the Trans-Pacific Partnership (TPP) negotiations it became apparent that the U.S. Trade Representative was abandoning the May 10 template. The U.S. Trade Representative told stakeholders on a conference call that "2007 was 2007, this is 2011." Early leaks showed extreme USTR intellectual property demands far beyond the bounds of May 10. USTR argued, to much criticism from health organizations, that TPP should be judged not by negotiating documents, but rather by the final agreement.  

Today WikiLeaks published that final agreement. The TPP does not conform to May 10 standards, and it will harm access to medicines in developing countries. TPP provisions requiring patent term extensions and marketing exclusivity for new uses and forms of old drugs clearly exceed the bounds of May 10 and will hurt people. 

But the most controversial provision concerns biotech drugs, or biologics - medical products derived from living organisms. While TPP countries refused to agree to an automatic monopoly term longer than five years, nevertheless USTR insisted on text that will allow the U.S. government to pressure and pull countries along to a longer period, toward eight or even more years of protection. USTR's eight-year bully position is dangerous and contravenes the May 10 Agreement.

Analysis of May 10 Agreement vs. final proposed TPP rules: http://www.citizen.org/documents/May10vTPP1.pdf





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