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Last week the U.S. tabled additional text on intellectual property at the Trans Pacific Partnership negotiating round in Chicago. The text is confidential, but trade officials told reporters that it includes TRIPS-Plus measures affecting access to medicines such as”stronger patent linkage, patent term extension and data exclusivity provisions.”  The inclusion of these provisions amounts to a retreat from the 2007 “May 10” trade policy meant to protect access to generic medicines in developing countries.

USTR released a white paper on trade and access to medicines, which did not describe in detail the American proposals on IP. It does indicate that TRIPS-Plus IP protection will be conditional on the entry of new products into foreign markets within a “window” of time.

The negotiating round included a stakeholder forum where negotiators heard from civil society groups.

USTR White Paper on Access to Medicines

• US Government Documents
  • USTR White Paper. Trans-Pacific Partnership Trade Goals to Enhance Access to Medicines. September 13, 2011.
  • USAID Blog.  USAID Applauds New White Paper Regarding the Trans-Pacific Partnership and Access to Medicines. September 12, 2011.

• Civil Society Reactions
  • Tido von Schoen-Angerer, Executive Director of Access to Essential Medicines Campaign, Doctors Without Borders. “Shooting Itself In the Foot: The Broken Promises of the U.S. Trade Agenda.” September 14, 2011.
  • Medicines Patent Pool Statement on USTR Trans-Pacific Partnership White Paper. September 14, 2011.
  • Public Citizen. On Access to Medicines, Obama Trade Pact Proposal Appears Set to Undo Bush-Era Improvements. September 13, 2011
  • Statement of Sean Flynn on USTR Release of White Paper on “Trans Pacific Partnership Trade Goals to Enhance Access to Medicines.” September. 12, 2011.
  • James Love for Knowledge Ecology International. USTR releases new White Paper on Access to Medicine: includes almost no specifics in terms of negotiating positions. September 12, 2011.

• News Coverage
  • Inside U.S. Trade. USTR IPR Text Moves Away from “May 10” Deal, Draws Fire from NGOs. September 19, 2011.
  • William New for IP Watch, quoting Sean Flynn. USTR White Paper On Trade In Medicines Raises Questions. September 14, 2011.
  • Ed Silverman for Pharmalot. A Whitewash? Trade Talks And Access To Meds. September 13, 2011.
  • Tom Barkley, Dow Jones Newswires. US Unveils Plan to Improve Access to Medicine in Trans-Pacific Trade Zone. September 12, 2011.

Presentations at Chicago Negotiating Round Stakeholder Forum

• Sean Flynn, American University. Analysis of the Potential TPP Pharmaceutical Chapter. September 2011
• Médecins Sans Frontières. How the Trans Pacific Partnership Agreement Threatens Access to Medicines – September 2011.
• ME State Rep. Sharon Treat. The Impact of Pricing Provisions on US Medicaid and Other Health Access Programs. September 2011

Blogs from the Chicago Negotiating Round

• Krista Cox, Knowledge Ecology International. KEI Notes from the Eight Round of TPPA Negotiations. September 18, 2011.
• Rashmi Rangnath, Public Knowledge. Was the TPP Stakeholder’s Forum Just Lip Service? September 13, 2011.

Letters from Members of Congress to Obama Administration

• Letters advocating TRIPS-Plus Intellectual Property Provisions in the TPP
  • Letter from 35 Senators asking for 12 year period of data exclusivity for biologics. September 12, 2011.
  • Letter from 40 Representatives asking for 12 year period of data exclusivity for biologics. July 27, 2011.
  • Letter from 22 Representatives asking Obama Administration to use the Korea-US FTA language “as a baseline” in the TPP negotiations on IP.
  • Letter from 28 Senators asking administration to seek the “highest IP standards,” using the Korea-US FTA as a template, for the TPP.  May 17, 2011.
  • Letter from 18 Representatives asking Obama to use the Korea-US FTA provisions as a “starting point” for the IP Provisions in the TPP. February 14, 2011.
• Letters advocating more flexible IP and protection of access to medicines
  • Letter from Reps. Lewis, Stark, Rangel, Blumenauer, and Doggett asking that the May 10th agreement serve as a “non-negotiable starting point” for access to medicines. September 8, 2011.
  • Letter from 14 Democrats on the House Ways and Means Committee asking Obama to uphold the “May 10” trade policies in the TPP.
  • Letter from 10 Representatives asking for a meeting to discuss IP policies that could “undermine public health and access to medicines.” August 3, 2011.