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Trans-Pacific Partnership Wikileaks – AMD LAW GROUP

Trans-Pacific Partnership Wikileaks

Originally posted 2018-11-19 11:21:49

By Ragini Shah, Staff Writer

Incessant discussions on the TPP (Trans-Pacific Partnership) on Wikileaks focused on the Intellectual Property Chapter and the Pharmaceutical Industry. Concerned parties such as “Doctors Without Borders” disagree with the agreement for having an underlying “anti-generic” effect, whereas, the Obama administration pledges to encourage economic development and innovation of the pharmaceutical industry.

With both parties having an equally strong agenda, it seems difficult to conclude an agreement, which meets both ends.

The current “one size fits all” model of the Patent system might be the root cause of this debate. The TRIPS agreement states that no field shall be discriminated for enjoying patent rights. However, a pharmaceutical company invests several years and immense financial resources into research and development, significantly more than a rapidly growing field such as the software industry.

If patent policies were focused on granting monopoly based on the time and money invested into an invention, the parties would be promised an adequate protection to well overcome their costs and at the same time there would be no question of ever-greening as the protection would be calculated based on the investment made by the applicant.

The generic industries have saved many lives and must be promoted by the government. Nevertheless, it must not be forgotten that the true purpose of patent legislation is to promote inventions. Without incentive, there exists a deterrent to essential innovations and evolution of technology.

References:

 

  1. Médecins Sans Frontières ACCESS CAMPAIGN Trading Away Health: The Trans-Pacific Partnership Agreement (TPP) http://www.doctorswithoutborders.org/sites/usa/files/Access_Briefing_TPP_ENG_2013.pdf

 

  1. Trans-Pacific Partnership Agreement Transparency Chapter Annex on Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices

https://wikileaks.org/tpp/healthcare/WikiLeaks-TPP-Transparency-Healthcare-Annex.pdf

 

  1. Leaked: What’s in Obama’s trade deal http://www.politico.com/agenda/story/2015/06/tpp-deal-leaked-pharma-000126

 

  1. World Trade Organization: Agreement on Trade-Related Aspects of Intellectual Property Rights

https://www.wto.org/english/res_e/booksp_e/analytic_index_e/trips_02_e.htm

 


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