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Health law expert on the TPP

Written By: - Date published: 12:43 pm, March 9th, 2016 - 20 comments
Categories: capitalism, Globalisation, health, trade, uncategorized - Tags: , , , , ,

A good piece by Dan Satherley on Newshub:

Health law expert rips into TPP

The recently signed Trans-Pacific Partnership (TPP) will “dramatically” restrict access to affordable medicine in every country that ratifies it, according to a US law expert.

Writing in scientific journal PLOS Medicine, Professor Brook Baker of the Northeastern University School of Law in Boston argues the TPP will:

  • lead to more patents being placed on new medicines
  • extend the length of new patents
  • restrict access to clinical trial data
  • prevent the introduction of new generic medicines
  • toughen penalties for patent infringements.


“Buried in 6,000-plus pages of text, annexes, and side letters, there are multiple provisions — complex in their articulation, but simple in their effect: they dramatically increase monopoly protections for the transnational originator pharmaceutical industry,” he writes.

He cites a US$500 million claim brought against Canada by a pharmaceutical company after the government there revoked patents on two medicines the courts ruled didn’t meet the standards of patentability. “Canada will have to spend millions of dollars to defend against this claim even if it ultimately wins, which is likely,” writes Prof Baker. … “TPP member states can expect an avalanche of IP-related claims from disappointed pharmaceutical companies that think their legitimate expectations of future profits have been thwarted.”

The “TPP Roadshow” is currently in progress. Public submissions that the government will ignore close this Friday.

20 comments on “Health law expert on the TPP ”

  1. Chooky 1

    Isnt the Labour Party still fence- sitting on the TPP?…certainly hasn’t opposed it outright

  2. Tautoko Mangō Mata 2

    So if we join the TPP club, NZ gets an estimated 0.9% gain in GDP by 2030

    However, we lose $55 million per year because of 20 year extension to copyright
    We lose a one-off 4.5 million to set up Pharmac reporting scheme structure
    plus 2.2 million per year operating costs.
    There is no estimate for the other costs involved regarding biologics, but these will be considerable. (as alluded to in the article above.)

    As well, we get to lose our ability to make our own laws without duress, (both at Government and Local Government level) for the good of our people and the environment). (i.e. our sovereignty!
    If the National Party Cabinet, (the Executive) ratify the TPP, they are handing foreign corporations the rights to bully us, sue us and if we can’t afford to pay the threatened fines, we will have to change our laws…….all for a measly 0.9%???????

    The media had a reasonable go at belittling anti-TPP protesters regarding their reasons for marching. I’d like to see pro TPP people questioned to explain why they think it is such a crash hot idea to sign away your sovereignty for such a trivial amount.

    • NZJester 2.1

      I’m sure to that GM crops will be forced on us also. If we say no to GM they will simply sue us for the potential lost profits.
      Once GM get into an eco system it also tends to spread. Any one who planed non GM crops will find that their plants have cross pollinated with the GM ones and they must now pay the company who owns the patent on those GM plants for any new seeds as they will be sued if they try to plant any seeds from the previous harvest they kept because they now contain the GM patented gene.

    • saveNZ 2.2

      +1 TMM

    • Rae 2.3

      And if dairy prices don’t do a turnaround and head back to $8kg then we won’t be making anything to cover any extra cost, either. I don’t see them ever returning to that sort of figure until such times as $8 is worth as much as $4 is today

  3. One Anonymous Bloke 3

    Set the GCSB on the fuckers. There’s no way everyone in these corporates is obeying the law. Show them what fucking with a five-eyes member looks like.

    Oh. Isn’t that what that’s for? Oh. Sorry.

  4. Chuck 4

    So if we take on board (and accept) all the above traps waiting for NZ from the TPP, why don’t Labour make it crystal clear, that come 2017 if elected to Government, they will immediately trigger the out clause and leave the TPP?

    No more sitting on the fence, total rejection of the TPP communicated clearly to the public.

    Of course they properly won’t, and it will be business as usual. As in try and appease the voting public (that Labour is trade focused) and at the same time their core supporters (anti TPP).

    • One Anonymous Bloke 4.1

      Are you sure you know what you’re talking about: so far as I can tell, it’s the Green Party’s core supporters who are anti-TPP.

      Meanwhile, Labour has promised to legislate in the national interest regardless of TPP concerns.

      How are Todd’s designs for the plain packaging coming along?

  5. Macro 5

    If the Dunny votes for any law changes concomitant to the TPPA he is nothing but a traitor to NZ. We know that the Nats and Seymour are already – but they need his vote to effect the Ratification. The Maori Party do not support the TPPA so will not support the Nats/Seymour on this.
    As always – it all depends on the Dunny. 🙁
    Will NZ go down it with him?

  6. Tautoko Mangō Mata 6

    Paul Goldsmith 9 MARCH, 2016
    “Consulting on TPP’s intellectual property implementation”

    Commerce and Consumer Affairs Minister Paul Goldsmith today released a consultation document showing how the Government proposes to implement the intellectual property changes required to ratify the Trans-Pacific Partnership Agreement (TPP).

    “While most of the provisions are consistent with New Zealand’s existing intellectual property settings, some changes to our laws will be required before we can ratify the final agreement.

    “Releasing the consultation document shows how the changes could be implemented and allows for public comment and input before legislation is introduced to Parliament.

    “The changes include a revised regime for technological protection measures, or digital locks, patent term extensions in certain situations when there are unreasonable delays in examining the patent or getting regulatory approval, a more extensive performers’ rights regime and new powers for Customs to detain goods that infringe copyright or registered trademarks.

    “TPP has been the most widely-consulted Free Trade Agreement in New Zealand’s history and I encourage New Zealanders with an interest in intellectual property to have their say,” Mr Goldsmith says.

    The intellectual property changes will be included in a bill covering all domestic legislative changes required to ratify TPP. This bill is expected to be introduced to Parliament this year.

    https://www.beehive.govt.nz/release/consulting-tpp%E2%80%99s-intellectual-property-implementation

    To read the consultation document and provide a submission go to http://www.mbie.govt.nz/info-services/business/intellectual-property/tpp-intellectual-property-chapter/implementation-consultation.

    Bloody hell! They are in a helluva rush to push this through!

    Submissions are due by
    5pm on Wednesday, 30 March 2016

    • Sacha 6.1

      “TPP has been the most widely-consulted Free Trade Agreement in New Zealand’s history ”

      They did consult all those US corporations, I guess. NZ public, not so much.

      • saveNZ 6.1.1

        @Sacha – not sure how you consult when it is secret and you are not even allowed to take a copy.

        • Sacha 6.1.1.1

          Unless you are a big US corporate in which case, here, have a seat at the table. You want which words included?

  7. Jenny Kirk 7

    Looks to me like this Nat-ACT Govt wants to push through as much legislation as possible this year – and early – that will enable the multi-corps to do whatever they want with NZ in the future ……. and then come election time (presumably in 2017) they’ll be absolutely sweetie-pie with their constituents to get voted in again.

    And by then, everyone will have forgotten the TPPA, the radical changes to the RMA, and anything else horrendous the Govt has brought in ……. and the electorate will be fooled yet again.

    • saveNZ 7.1

      @Jenny or maybe the won’t get in again after 2017, so trying to get their wish list lobbyist funded IDU legislation through now.

      If the opposition do nothing, National will claim they support it too.

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