November 12, 2013

Stanton A. Glantz, PhD

WikiLeaks TPP docs show Obama rollbacks on health

This is very important.  
 
This leaked copy of an important chapter in teh Trans Pacific Partnership confirms our worst fears on how the TPP could be used by Big Tobacco to fight sensible public health policies.  The irony is that many of these changes will increase health costs, both by increasing tobacco-induced disease and by making it harder to control drug and other medical costs, at the same time that the Affordable Care Act continues to come under attack.
 
Reposted from CPATH:
 

The leaked text of the Intellectual Property chapter of the TPP reveals a cascade of U.S. proposals that would backtrack on public health and drive up the costs of health care.  The U.S. would perpetuate the rights of tobacco and other corporations to challenge public health measures, criminalize reimportation of prescription drugs, patent surgical procedures (explicitly opposed by the World Medical Association in 1999 and 2009), and skew access to information.

---------- Forwarded message ----------
From: Peter Maybarduk [email protected]>

Push for Internet Freedom Limits, Terms That Raise Drug Prices in Closed-Door Trade Talks

U.S. Demands in Trans-Pacific Partnership Agreement Text, Published Today by WikiLeaks, Contradict Obama Policy and Public Opinion at Home and Abroad

Nov. 13, 2013

Contact: Peter Maybarduk (202) 588-7755 [email protected]

WASHINGTON, D.C. – Secret documents published today by WikiLeaks and analyzed by Public Citizen reveal that the Obama administration is demanding terms that would limit Internet freedom and access to lifesaving medicines throughout the Asia-Pacific region and bind Americans to the same bad rules, belying the administration’s stated commitments to reduce health care costs and advance free expression online, Public Citizen said today.

WikiLeaks published the complete draft of the Intellectual Property chapter for the Trans-Pacific Partnership (TPP), a proposed international commercial pact between the United States and 11 Asian and Latin American countries. Although talks started in 2008, this is the first access the public and press have had to this text. The text identifies which countries support which terms. The administration has refused to make draft TPP text public, despite announcing intentions to sign the deal by year’s end. Signatory nations’ laws would be required to conform to TPP terms.

The leak shows the United States seeking to impose the most extreme demands of Big Pharma and Hollywood, Public Citizen said, despite the express and frequently universal opposition of U.S. trade partners. Concerns raised by TPP negotiating partners and many civic groups worldwide regarding TPP undermining access to affordable medicines, the Internet and even textbooks have resulted in a deadlock over the TPP Intellectual Property Chapter, leading to an impasse in the TPP talks, Public Citizen said.

“The Obama administration’s proposals are the worst – the most damaging for health – we have seen in a U.S. trade agreement to date. The Obama administration has backtracked from even the modest health considerations adopted under the Bush administration,” said Peter Maybarduk, director of Public Citizen’s global access to medicines program. “The Obama administration’s shameful bullying on behalf of the giant drug companies would lead to preventable suffering and death in Asia-Pacific countries. And soon the administration is expected to propose additional TPP terms that would lock Americans into high prices for cancer drugs for years to come.”

Previously, some elements of U.S. proposals for the Intellectual Property Chapter of the TPP had been leaked in 2011 and 2012. This leak is the first of a complete chapter revealing all countries’ positions. There are more than 100 unresolved issues in the TPP Intellectual Property chapter. Even the wording of many footnotes is in dispute; one footnote negotiators agree on suggests they keep working out their differences over the wording of the other footnotes. The other 28 draft TPP chapters remain shrouded in secrecy.

Last week, the AARP and major consumer groups wrote to the Obama administration to express their “deep concern” that U.S. proposals for the TPP would “limit the ability of states and the federal government to moderate escalating prescription drug, biologic drug and medical device costs in public programs,” and contradict cost-cutting plans for biotech medicines in the White House budget.

Other U.S.-demanded measures for the TPP would empower the tobacco giants to sue governments before foreign tribunals to demand taxpayer compensation for their health regulations and have been widely criticized. “This supposed trade negotiation has devolved into a secretive rulemaking against public health, on behalf of Big Pharma and Big Tobacco,” said Maybarduk.

“It is clear from the text obtained by WikiLeaks that the U.S. government is isolated and has lost this debate,” Maybarduk said. “Our partners don’t want to trade away their people’s health. Americans don’t want these measures either. Nevertheless, the Obama administration – on behalf of Big Pharma and big movie studios – now is trying to accomplish through pressure what it could not through persuasion.”

“The WikiLeaks text also features Hollywood and recording industry-inspired proposals – think about the SOPA debacle – to limit Internet freedom and access to educational materials, to force Internet providers to act as copyright enforcers and to cut off people’s Internet access,” said Burcu Kilic, an intellectual property lawyer with Public Citizen. “These proposals are deeply unpopular worldwide and have led to a negotiation stalemate.”

“Given how much text remains disputed, the negotiation will be very difficult to conclude,” said Maybarduk. “Much more forward-looking proposals have been advanced by the other parties, but unless the U.S drops its out-there-alone demands, there may be no deal at all.”

“We understand that the only consideration the Obama administration plans to propose for access to affordable generic medicines is a very weak form of differential treatment for developing countries,” said Maybarduk.

The text obtained by WikiLeaks is available at wikileaks.org/tpp. Analysis ofthe leaked text is available at www.citizen.org/access.

More information about the Trans-Pacific Partnership negotiations is available at www.citizen.org/tpp.

###

2013 Public Citizen • 1600 20th Street, NW / Washington, D.C. 20009 •

Comments

Comment: 

From: <strong;Sanya Reid Smith</strong; <redir.aspx?C=F1H-jcv5hk-Ere-x3cqEl9Nh6vsRtNAIXFWE9KN2MSeQE77CoodvrNulWn1xOPU9n8X3-XM1MrQ.&URL=mailto%3asanya%40twnetwork.org" target="_blank";[email protected];
Has country positions.
Please see link below for the entire blog.
&nbsp;
redir.aspx?C=F1H-jcv5hk-Ere-x3cqEl9Nh6vsRtNAIXFWE9KN2MSeQE77CoodvrNulWn1xOPU9n8X3-XM1MrQ.&URL=http%3a%2f%2fkeionline.org%2fnode%2f1825" target="_blank";http://keionline.org/node/1825
&nbsp;
<em;<strong;KEI Comments on the August 30, 2013 version of the TPP IP Chapter</strong;</em;
Knowledge Ecology International (KEI) has obtained from Wikileaks a complete copy of the consolidated negotiating text for the IP Chapter of the Trans-Pacific Partnership (TPP). (Copy&nbsp;redir.aspx?C=F1H-jcv5hk-Ere-x3cqEl9Nh6vsRtNAIXFWE9KN2MSeQE77CoodvrNulWn1xOPU9n8X3-XM1MrQ.&URL=http%3a%2f%2fkeionline.org%2fsites%2fdefault%2ffiles%2fWikileaks-secret-TPP-treaty-IP-chapter.pdf" target="_blank";here, and on the Wikileaks site here:redir.aspx?C=F1H-jcv5hk-Ere-x3cqEl9Nh6vsRtNAIXFWE9KN2MSeQE77CoodvrNulWn1xOPU9n8X3-XM1MrQ.&URL=https%3a%2f%2fwikileaks.org%2ftpp%2f" target="_blank" title="https://wikileaks.org/tpp/";https://wikileaks.org/tpp/) The leaked text was distributed among the Chief Negotiators by the USTR after the 19th Round of Negotiations at Bandar Seri Begawan, Brunei, in August 27th, 2013.
There have been two rounds since Brunei, and the latest version of the text, from October, will be discussed in Salt Lake City next week.
The text released by Wikileaks is 95 pages long, with 296 footnotes and 941 brackets in the text, and includes details on the positions taken by individual countries.
The document confirms fears that the negotiating parties are prepared to expand the reach of intellectual property rights, and shrink consumer rights and safeguards.
Compared to existing multilateral agreements, the TPP IPR chapter proposes the granting of more patents, the creation of intellectual property rights on data, the extension of the terms of protection for patents and copyrights, expansions of right holder privileges, and increases in the penalties for infringement. The TPP text shrinks the space for exceptions in all types of intellectual property rights. Negotiated in secret, the proposed text is bad for access to knowledge, bad for access to medicine, and profoundly bad for innovation.
The text reveals that the most anti-consumer and anti-freedom country in the negotiations is the United States, taking the most extreme and hard-line positions on most issues. But the text also reveals that several other countries in the negotiation are willing to compromise the public’s rights, in a quest for a new trade deal with the United States.
The United States and other countries have defended the secrecy of the negotiations in part on the grounds that the government negotiators receive all the advice they need from 700 corporate advisors cleared to see the text. The U.S. negotiators claim that the proposals need not be subject to public scrutiny because they are merely promoting U.S. legal traditions. Other governments claim that they will resist corporate right holder lobbying pressures. But the version released by Wikileaks reminds us why government officials supervised only by well-connected corporate advisors can’t be trusted.
An enduring mystery is the appalling acceptance of the secrecy by the working news media.
With an agreement this complex, the decision to negotiate in secret has all sorts of risks. There is the risk that the negotiations will become hijacked by corporate insiders, but also the risk that negotiators will make unwitting mistakes. There is also the risk that opportunities to do something useful for the public will be overlooked or abandoned, because the parties are not hearing from the less well-connected members of the public.
The U.S. proposals are sometimes more restrictive than U.S. laws, and when consistent, are designed to lock-in the most anti-consumer features. On top of everything else, the U.S. proposals would create new global legal norms that would allow foreign governments and private investors to bring legal actions and win huge damages, if TPP member countries not embrace anti-consumer practices.
<SNIP;
<strong;Access to Medicines</strong;
The trade agreement includes proposals for more than a dozen measures that would limit competition and raise prices in markets for drugs. These include (but are not limited to) provisions that would lower global standards for obtaining patents, make it easier to file patents in developing countries, extend the term of patents beyond 20 years, and create exclusive rights to rely upon test data as evidence that drugs are safe and effective. Most of these issues have brackets in the text, and one of the most contentious has yet to be tabled -- the term of the monopoly in the test data used to register biologic drugs. The United States is consistently backing the measures that will make drugs more expensive, and less accessible.

Comment: 

... which is a good thing, since it might lead to a more open discussion of how the TPP can hurt public health and the environment.&nbsp; There is a good story in the&nbsp;http://www.chicagotribune.com/news/politics/sns-rt-us-usa-trade-20131113... target="_blank";<em;Chicago<em; </em;Tribune</em;

Comment: 

The links on tobacco are to UCSF email files hidden behind walls. Not useful.&nbsp;

Comment: 

Some email systems strip out the UCSF email links and others don't.
That's why I always also include the link to the blog, since it never has that problem.

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