Trade Treaties and Patent Policy: Searching for a Balanced Approach

Moir, Hazel V. J.

doi:10.2139/ssrn.2529296

Cited by 2 publications

(2 citation statements)

References 39 publications

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“…The problem of evergreening in Australia is likely to be entrenched further by the provisions of the TPPA. A footnote to draft TPPA article QQE1 sets the current very low inventiveness approach in stone, making it difficult, if not impossible, to prevent further evergreening 17 . Australia is supporting a provision that commits countries to make patents available for “any new uses, or alternatively, new methods of using a known product” (Art.…”

Section: Secondary Patents and Evergreeningmentioning

confidence: 99%

Costs to Australian taxpayers of pharmaceutical monopolies and proposals to extend them in the Trans‐Pacific Partnership Agreement

Gleeson¹,

Moir

Lopert

2015

Medical Journal of Australia

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Intellectual property (IP) protections proposed by the United States for the Trans-Pacific Partnership Agreement (TPPA) have sparked widespread alarm about the potential negative impact on access to affordable medicines. The most recently leaked draft of the IP chapter shows some shifts in the US position, presumably in response to ongoing resistance from other countries. While some problematic provisions identified in earlier drafts have been removed or mitigated, major concerns remain unresolved. Three of the greatest concerns for Australia in the recent draft include provisions that would further entrench secondary patenting and evergreening, lock in extensions to patent terms and extend monopoly rights over clinical trial data for certain medicines. Data from the 2013 Pharmaceutical Patents Review, and from various submissions made to it, show that pharmaceutical monopoly protections already cost Australian taxpayers hundreds of millions of dollars each year. Provisions still being considered for the TPPA would further entrench and extend costly monopolies, with serious implications for the budget bottom line and the sustainability of the Pharmaceutical Benefits Scheme.

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Section: Secondary Patents and Evergreeningmentioning

confidence: 99%

Costs to Australian taxpayers of pharmaceutical monopolies and proposals to extend them in the Trans‐Pacific Partnership Agreement

Gleeson¹,

Moir

Lopert

2015

Medical Journal of Australia

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“…Suffice to note here the importance of achieving a balanced patent policy. While there are many other aspects to such a policy (Moir 2014), the three most important elements are:…”

Section: Balanced Patent Policy and The Trips Agreementmentioning

confidence: 99%

The patent price of market access in the AUSFTA

Moir¹

2015

Australian Journal of International Affairs

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New generation trade agreements reach far behind borders, affecting many areas of domestic policy not previously associated closely with trade. One of the most uneasy of these areas is intellectual property, particularly patent monopolies. The USA has been a major force behind the extended reach of patent monopolies using preferential trade agreements. The patent and data exclusivity provisions of the AUSFTA were proposed by the USA. This paper provides detailed evidence about how such 'TRIPS+' policies compare to a balanced patent policy-one equally favouring creators and users of technology. Australia has never had an active patent agenda, but since AUSFTA has been willing to accept in its bilateral and regional trade deals highly prescriptive rules that tie the hands of future governments. The overall trend has thus been towards increasing imbalance, with Australian patent policy now having a very broad reach and very low eligibility standards. This particularly affects the cost of medicines, where large numbers of relatively uninventive patents surround a blockbuster drug and delay the market entry of generic alternatives. In addition to outlining the costs of Australia's current patent policy approach, the paper concludes by highlighting a more balanced and less costly way forward.

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Trade Treaties and Patent Policy: Searching for a Balanced Approach

Cited by 2 publications

References 39 publications

Costs to Australian taxpayers of pharmaceutical monopolies and proposals to extend them in the Trans‐Pacific Partnership Agreement

Costs to Australian taxpayers of pharmaceutical monopolies and proposals to extend them in the Trans‐Pacific Partnership Agreement

The patent price of market access in the AUSFTA

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