How the battle over biologics helped stall the Trans Pacific Partnership

Section 25a of Australia’s Therapeutic Goods Act provides for five years of data exclusivity for all medicines. It makes no distinction between biologics and other drugs. Data exclusivity provides an absolute monopoly that, unlike a patent, can’t be revoked or challenged in court.

The powerful biopharmaceutical industry lobby in the United States has been seeking 12 years of market exclusivity for biologics.

Source: How the battle over biologics helped stall the Trans Pacific Partnership

It seems clear to everyone except US negotiators – and biopharmaceutical industry lobbyists – that the demand for extending data exclusivity for biologics needs to be dropped if the TPP is to be finalised.

Confidential USTR Emails Show Close Industry Involvement In TPP Negotiations

In another email in 2011, McCoy told GE lobbyists, “In case your CEO will be at the patent reform bill signing, I wanted to let you know that NZ Trade Minister Tim Groser is planning to attend. It would be a lovely opportunity for a CEO to turn to him and, for example, encourage NZ to support a strong IP chapter in the TPP…”

At another point, Jim DeLisi of Fanwood Chemical said he had just seen the text on rules of origin, and remarked, “Someone owes USTR a royalty payment. These are our rules. … This is a very pleasant surprise.”

Source: Confidential USTR Emails Show Close Industry Involvement In TPP Negotiations

This Time, Get Global Trade Right

But the administration’s rationale for secrecy seems to apply only to the public. Big corporations are playing an active role in shaping the American position because they are on industry advisory committees to the United States trade representative, Michael Froman. By contrast, public interest groups have seats on only a handful of committees that negotiators do not consult closely.

via This Time, Get Global Trade Right – NYTimes.com.