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[e-drug] MSF responds to second Wikileaks release of Trans-Pacific Partnership text

E-DRUG: MSF responds to second Wikileaks release of Trans-Pacific Partnership 
16 October, 2014

Today [Oct16, 2014] Wikileaks published a revised copy of the intellectual 
chapter from the secret Trans-Pacific Partnership (TPP) negotiations: 

The leaked document -- dated May 2014-
also discloses countries' current negotiating positions. 

Wikileaks had released an earlier version of the IP chapter in November 2013.

A preliminary review of the text confirms MSF's serious concerns about the 
Agreement's public health impact remain valid:  some of the most damaging 
intellectual property provisions remain in the text.  Adopting the text in 
its current form will negatively affect affordable access to medicines and 
the health of millions of people across the Asia-Pacific region.

Statement by Judit Rius Sanjuan, U.S. Manager and Legal Policy Advisor, 
MSF Access Campaign:'
'Although we'd much prefer if negotiating countries themselves abandoned 
the extreme secrecy that has characterized these negotiations, MSF 
welcomes the leak of the revised negotiating text as a means to facilitate 
an open, transparent discussion about the health impacts of this agreement 
on MSF medical operations and millions of patients in TPP countries and 

'The leaked text reveals that most of the more problematic provisions are 
being pushed by the United States and Japan, while still being opposed by 
the majority of the rest of negotiating countries. While the Australian 
government continues to oppose many of the most problematic provisions, we 
are concerned about Australian support for the U.S. government's push to 
mandate rules that facilitate secondary and abusive patenting by 
pharmaceutical companies, which blocks more affordable generic 
competition. As countries prepare for TPP negotiations in Australia 
starting October 19, we once again urge all countries to reject harmful 
intellectual property provisions that will restrict access to medicines.'

Some of the most harmful provisions remaining in the text would:
- Limit countries' ability to exercise rights confirmed in the 2001 Doha 
Declaration, by restricting those rights to a specific list of diseases 
and situations.
- Limit the capacity that countries have to restrict secondary patenting 
and abusive patenting by requiring patents on 'new uses or methods of 
using a known product.'
- Restrict countries' ability to include important public health 
flexibilities in their own national laws, for example India's Section 3(d) 
patent law which requires evidence of 'enhanced efficacy' before 
additional patents can be granted on existing products.
- Restrict countries' ability to use to the full the public health 
flexibilities recognized in the TRIPS agreement, including compulsory 
licenses and patent exceptions.
- Mandate that countries include TRIPS-plus measures in their national 
laws, including patent linkage, patent term extensions and new monopolies 
based on clinical data exclusivity, including for biological vaccines and 
medicines, which have never before been included in a US-led trade 

More info: http://www.msfaccess.org/tpp/ 

Joanna Keenan
Press Officer
Médecins Sans Frontières - Access Campaign 
P: +41 22 849 87 45
M: +41 79 203 13 02
E: joanna.keenan[at]geneva.msf.org

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