Trans-Pacific Partnership

Trans Pacific Partnership Controversy Over Drugmaker Protection: Too Much or Too Little?


Today The Washington Post reports on what they think could be potentially derailing fights over whether the intellectual property protection for certain drug makers is either too much or too little in the Trans Pacific Parternship (TPP) trade agreement:

: John Donges / Foter / CC BY-NC-ND

The pact apparently:

grants at least five years of exclusivity to the makers of next-generation biologic medicines for diseases ranging from cancer to rheumatoid arthritis. That's less than what drug companies enjoy in the United States…

Democratic presidential candidate Hillary Rodham Clinton is worried that the terms provide excessive protections for drug companies and said this week that she now opposes the Trans-Pacific Partnership (TPP). Senator Orrin Hatch (R–Utah), who has been a key GOP backer of Obama's trade agenda, said in a speech this week that he could drop his support partly out of concerns that it provides too little intellectual property protection for drug development…

According to the draft leaked Friday, drug companies will get either eight years of protection or "at least five years" plus an ambiguous amount of extra time due to "market circumstances" that will "deliver a comparable outcome in the market." The language is obtuse enough that some are interpreting it as five years, others as eight. In the United States, those drugs enjoy 12 years of exclusivity

The "data exclusivity" granted by the deal means that competing companies making biosimilar drugs cannot bring their products to market, which could bring down prices. Patient advocates said that the drug industry won monopoly protections it didn't previously have that will hurt patients' access to drugs. The pharmaceutical industry said anything less than 12 years of protection will stymie innovation….

As with many issues involving legal protection to producers that costs consumers, everyone thinks the policy doesn't do enough to satisfy their concerns.

Executives from major drug companies met with the President on Thursday to express their disappointment in the agreement…

Public Citizen, a patient advocacy group, has argued that the deal is major concession to pharmaceutical companies. Biologics currently do not have any exclusivity protection in many countries, while in others, such as Chile, New Zealand, Singapore and Australia, they only have five years of protection.

"This is a huge win for pharma and a huge loss for us," said Burcu Kilic, a policy director at Public Citizen. "That is why we are quite confused. They won this game; they got five years, and they are building the pathway to eight now—they are putting the bricks there. Pharma shouldn't play this as, ' We are the losers, we wanted 12 years.'"

Some context on some of the value provided by Big Pharma from Ronald Bailey back in 2001, "Goddamn the Pusher Man: Why Does Everybody Seem to Hate the Pharmaceutical Industry?"

Jesse Walker wrote yesterday of controversies over copyright protections/protectionism in the Trans Pacific Partnership (TPP) trade agreement.

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  1. Hil-Dog says “that she now opposes the Trans-Pacific Partnership (TPP)”

    Fuck her. She caved to the anti-trade progs since Bernie is a protectionist.

    She deserves to lose.

    1. Freak is a compliment in my vocabulary

      1. Speaking if which, just watched 1st episode of new season of American Horror. Looks like it’s going to be pretty fucked up again. Love it:)

    2. Is “differently abled” actually used? My spellcheck doesn’t think so.

      1. Spellcheck is insulting to the illiterate

    3. “I don’t ask ‘who wears the pants in your relationship?’ because it expects homosexual couples to subscribe to heterosexual norms.”

      Yea, for quite come time I have proclaimed “I can see who wears the strap-on in that relationship” instead. Had no idea ho progressive I was.

      1. Yea, for quite come SOME time

      2. “I don’t ask ‘who wears the pants in your relationship?’ because it expects homosexual couples to subscribe to heterosexual norms.”

        Man, I’m old enough to know people who wore an onion in their belt, and I’m damned if I know anyone who would use that phrase.
        Why not ask ‘how’s the old lady?’ ‘Where’s your better half?’

        1. That onion thing is a new one on me.

          1. Simpsons
            “So I tied an onion to my belt, which was the style at the time.”

            1. Possibly the single best scene in The Simpsons. That or the rake scene.

  2. The symbolism…it burns!

    “A Civil War soldier whose remains were illegally dug up in 2011 by a Wilson’s Creek National Battlefield park visitor will be reburied next week at Springfield National Cemetery.

    “Wilson’s Creek superintendent Ted Hillmer said it’s not clear whether the remains were from a Confederate or Union soldier. Regardless, they will be buried with funeral honors.”

    1. Well, not symbolism. What do you call it when something sounds like the plot of an after-school special?

      Do they even have after-school specials any more?


    I used to joke that there was nothing wrong with Washington that 10 megatons on the capital couldn’t cure. But I don’t say that anymore. Partially because it’s too dangerous, but mainly because it’s now untrue. What’s now needed is 10 megatons on the capital, and four more bursts in a quadrant 10 miles out.

    Damn. Zerohedge doesn’t mess around with wimpy woodchipper metaphors.

    *Note: straffinrun does not endorse author’s opinion*

  4. OK, folks, put your hands together! Obo warm’s ’em up for Kanye!
    “President lands at SFO, prepares for morning gig with Kanye West”
    “President Obama flew into San Francisco Friday night for a brief overnight stay featuring an unusual Saturday morning fundraiser with rapper Kanye West.
    [grin and handshake with local lefty sleaze-bags]
    The Saturday fundraiser will be at the 2,300-seat Warfield on Market Street, where tickets for the event, which will benefit the Democratic National Committee, will range from $250 to $10,000 each.”
    [followed by some celeb dish]
    The prospect of the two sharing a stage suggests that they’ve patched over any unpleasant feelings left over from 2009, when Obama called West a “jackass” after the star crashed the stage at the Video Music Awards and hijacked an award given to Taylor Swift.”…..562882.php
    Maybe they’ll kiss and make up on stage; wouldn’t that be sweet?

    1. Did anybody reprise the god digger theme?

      1. god digger=gold digger

        Not sure if it is my fat fingers or the keyboard wearing out.

  5. I just had my wife check out the SF voter book that arrived in mail for the person who lived here five years ago. We had a laugh about a few of the propositions. “I thought you were supposed to be capitalist in this country!” Prop J is a standard textbook example of the anti free market in full take mode. We need a better description that crony capitalism.

    1. It’s a big “NO!” on the LP of Sf postcard I just got. I haven’t seen the voter’s book yet. Which, by the way, is an excellent thing. Every proposition is included, along with pro and anti sides, and rebuttals of pro and anti sides. It’s great for cutting through the superficial junk mail/bumper sticker/ads.

    2. All the props are increased taxes, increased spending, or increased mandates. No on all.

  6. Well, I’m single again. It was fun while it lasted.

    Every Girl by Shoes, 1979 is not quite on point for me now, but it captures part of it.

    Why should you be different
    Why should you brave forth
    Every girl I’ve ever had
    Has treated me so wrong

    I just want to find a girl to take me as I am
    Every girl I’ve ever had
    Could never understand

    It doesn’t matter anyway
    I’m used to the pain
    There’s really nothing left to say
    I’m used to the pain

    Someone tell me what I need
    To try and help me see
    Why every girl I’ve ever known
    Has put the blame on me

    Will I ever find the one
    To hold me in the night
    Every girl I’ve ever had
    Tells me I’m not their type

    I know that I don’t make it easier on you
    Even when I can’t forget it, it’s all that I can do
    It doesn’t matter anyway
    I’m used to the pain

    There’s really nothing left to say
    I’m used to the pain
    Why should you be different
    Why should you brave forth

    Every girl I’ve ever had
    Every girl I’ve ever had
    Every girl, every girl, every girl

    1. TGU Friday’s beckons.

    2. TGI Friday’s would be even better.

    3. Every Girl by Shoes, 1979 is not quite on point for me now, but it captures part of it.

      How about this?

      1. That one, too, though there were no third parties involved.

    4. My sympathy.

  7. One concern I have is that there is still no public copy of the TPP.

    From what I have read no copy is going to be available for at least a month and after that they will try to ram this law through Congress with no real debate. And so we will get stuck with a law at least a 1,000 pages long, with tens of thousands of pages of regulation all being administered by international organizaitons like the WTO whose organization and members are given immunity from national laws

    1. But this is the new normal. We are not supposed to notice when they do this.

    2. I’m sure some congress-creature will claim otherwise, but there is only one reason to do this; there are parts of that thing that Obo and company do not want seen.
      Given his record, you would be well advised to presume it will mean somebody’s hand will be in your pocket shortly.

  8. So now Politico gets a subpoena for this right? Equal treatment under the law. Ok I’m drunk.

  9. The EFF has a summary of the intellectual property protections. It’s what you would expect.

    extension of the copyright term to life plus 70 years

    The odd effect of this is that someone tinkering with a file or device that contains a copyrighted work can be made liable (criminally so, if wilfullness and a commercial motive can be shown), for doing so even when no copyright infringement is committed.

    On damages, the text (QQ.H.4) remains as bad as ever: rightsholders can submit “any legitimate measure of value” to a judicial authority for determination of damages, including the suggested retail price of infringing goods. Additionally, judges must have the power to order pre-established damages (at the rightsholder’s election), or additional damages, each of which may go beyond compensating the rightsholder for its actual loss, and thereby create a disproportionate chilling effect for users and innovators.

    And so on and so on…

  10. Looks like the Islamonazi scum have struck again, this time in Ankara, Turkey.

    Have fun riding that tiger you helped created, Erdogan. You’ve sown the wind, and now you’re going to reap the whirlwind.

    1. I blame Block Yomamma

    2. Unless Erdogan was behind this.

    3. No worries, Putin will be done in Syria by the end of the year and ready to help in Turkey.

      *damnit, almost managed to keep a straight face*

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