Intellectual property in TPPA: Is it really a win-win? — Chew Phye Keat

Source: The Malay Mail Online


TPPA-copyAUGUST 25 — When you walk past a Body Shop outlet, your nostrils would almost inevitably pick up the perfumed scents of the cosmetic shop.

What you might not be aware is that the aromas could soon be “trademarked,” allowing the cosmetics chain to protect its scents.

Such a scenario, where even sounds and smells are protected, is becoming increasingly likely amid global moves to enhance intellectual property (IP) protection.

This is especially so as several countries, including Malaysia, inch towards final ratification of the Trans-Pacific Partnership Agreement (TPPA).

The pact seeks to lower trade barriers and increase economic integration and engagement between like-minded countries: the United States, Brunei, Chile, New Zealand, Singapore, Australia, Canada, Japan, Malaysia, Mexico, Vietnam and Peru.

While it has been signed by all 12 Pacific Rim countries, it is awaiting ratification by the member countries before it can be put into effect. Read more

Will the TPP transform intellectual property regulation in Asia? – Peter Drahos

Source: East Asia Forum


The Trans-Pacific Partnership (TPP) may yet be the agreement that most transforms national regulatory systems. It could be even more transformative than the Uruguay Round (1986–1994) that delivered the WTO and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). But much depends on if, and when, China joins the TPP.

President Barack Obama, center, and other leaders of the Trans-Pacific Partnership countries pose for a photo in Manila, Philippines, 18 November 2015, ahead of the start of the Asia-Pacific Economic Cooperation (APEC) summit. (Photo: AAP).

So far 12 parties have signed a text of the TPP — Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, Peru, New Zealand, Singapore, the United States and Vietnam. But each party has to now shepherd this text through their respective domestic treaty-making processes. The TPP does not need the approval of all its signatories to come into force. Six or more signatories making up at least 85 per cent of the combined GDP of the original signatories would be enough to give the TPP legal force. But the United States, with its US$18 trillion GDP, does have to be part of the six. Read more

Salahkah buat salinan fotokopi buku teks di bawah TPPA?

Sumber: The Malaysian Insider

Putrajaya digesa beri penerangan lanjut mengenai perjanjian Perkongsian Trans-Pasifik (TPP) di Malaysia, berhubung salinan fotokopi bahan bacaan yang melanggar hak cipta. – Gambar The Malaysian Insider oleh Seth Akmal, 16 Disember, 2015.

Putrajaya digesa beri penerangan lanjut mengenai perjanjian Perkongsian Trans-Pasifik (TPP) di Malaysia, berhubung salinan fotokopi bahan bacaan yang melanggar hak cipta. – Gambar The Malaysian Insider oleh Seth Akmal, 16 Disember, 2015.

Ketika gesaan dibuat supaya Putrajaya menerangkan dengan lebih baik kesan daripada perjanjian Perkongsian Trans-Pasifik (TPP) di Malaysia, pelajar Fatin Amalina bimbang terpaksa berbelanja lebih untuk buku teks jika dia tidak lagi boleh membuat salinan fotokopi bahan bacaan kerana pelanggaran hak cipta.

Ketika ini pun, dia sememangnya bergantung kepada salinan fotokopi buku teks dan membelanjakan lebih RM350 satu semester.

Pelajar sarjana di sebuah universiti awam itu berkata dia tidak mampu membeli buku teks baharu untuk setiap mata pelajaran kerana harganya lebih RM300 setiap satu.

Sebaliknya, buku salinan fotokopi, menjimatkan kos perbelanjaan keseluruhan buku teksnya lebih 70%. Read more

No increase in medicine prices under TPP, says IDEAS

Source: The Malaysian Insider

IDEAS’ chief executive, Wan Saiful Wan Jan said there will be no changes in the prices of medicines under the TPP, since the Regulatory Data Protection will be at five years, not long enough to increase the prices. – The Malaysian Insider file pic, November 16, 2015.

There will be no significant changes in the prices of medicines under the Trans-Pacific Partnership (TPP), the Institute for Democracy and Economic Affairs (IDEAS) said.

Its Chief Executive, Wan Saiful Wan Jan, said there were concerns over the potential in the prices of medicines as during the TPP negotiations, several TPP members proposed for the Regulatory Data Protection (RDP) to be extended to 12 years.

“However, in the end, all TPP members agreed that the RDP will be at five years. In Malaysia’s case, there will be no changes as our current RDP is at five years,” he told reporters following a TPP discussion on economic growth and protection of intellectual property rights today.

He said just like other countries proposing the RDP extension, the Malaysian government had also been subsidising medicines in public hospitals.

“It’s just that we don’t have proper names like national health insurance system like in these countries.

“Therefore, people shouldn’t be worried of hike in medicine and drug prices,” he said. Read more

Pacific trade deal could limit affordable drugs

Source: The Malaysian Insider

The World Health Organisation says the Trans-Pacific Partnership may limit the availability of affordable medicines. – Reuters pic, November 12, 2015.

A massive trade pact between 12 Pacific rim countries could limit the availability of affordable medicines, the head of the World Health Organisation said on Thursday, joining a heated debate on the impact of the deal.

Margaret Chan told a conference there were “some very serious concerns” about the Trans-Pacific Partnership (TPP), a central plank of US President Barack Obama’s trade policy which still needs to be ratified by member governments.

“If these agreements open trade yet close the door to affordable medicines we have to ask the question: is this really progress at all,” Chan asked a conference in Geneva. Read more

Drug prices stay, Malaysia gains from TPPA, Mustapa tells critics

Source: The Malaysian Insider

Malaysians can still access affordable medicines despite the Trans-Pacific Partnership Agreement, says the minister in charge of overseeing the controversial trade deal. – The Malaysian Insider file pic, November 7, 2015.

Malaysia’s entry into the Trans-Pacific Partnership Agreement (TPPA) will not undermine national sovereignty nor lead to price hikes for medicine, International Trade and Industry Minister Datuk Seri Mustapa Mohamed says in an open letter to critics.

In the letter sent to The Malaysian Insider, Mustapa said there have been several“misconceptions” among the public and various non-governmental organisations about the two matters after the full text of the controversial trade pact was released two days ago.

There was argument, he said, that Malaysia’s participation in the TPPA would prevent access for its citizens to affordable medicines because of the clause on patent extension but this allegation was “not accurate”. Read more

TPP text released confirms deadly impact of access to medicines in Malaysia — Malaysian AIDS Council

Source: The Malay Mail Online

NOVEMBER 5 — The Trans-Pacific Partnership Agreement (TPP) is a plurilateral trade agreement involving 12 countries including Malaysia and led by the United States. It contains 30 chapters, but only 4-5 of these pertain to traditional trade matters. The chapter that is of the most concern to the Malaysian AIDS Council is the intellectual property chapter. With the release of the finalised text today by the New Zealand Ministry of Foreign Affairs and Trade, we as an organisation are horrified to note the confirmation of our very worst fears — that these provisions will put generic medicines out of the hands of patients all over Malaysia and decimate the public health budget. Read more

Trade pact confirms our worst fears, says anti-TPP group

Source: The Malaysian Insider

Anti-Trans-Pacific Partnership (TPP) agreement group Bantah TPPA says the deal will affect access to affordable medicines. – The Malaysian Insider file pic, November 5, 2015.

The finalised texts of the Trans-Pacific Partnership (TPP) agreement confirm its worst fears about allowing a select few driven by multinational commercial interests to establish a deal behind closed doors, a group against the trade deal said today.

Bantah TPPA said the deal would jeopardise access to affordable medicines, adding that its concerns regarding the agreement had not been overblown.

“[The intellectual property chapter] enables drug companies to press for patent term extensions beyond the standard 20 years and compensate for any ‘unreasonable’ time a patent office or drug regulatory authority takes to approve a patent application or grant marketing approval,” the group’s chairman Mohd Nizam Mahshar said in a statement today. Read more

Wikileaks release of TPP deal text stokes ‘freedom of expression’ fears

Source: The Guardian

Intellectual property rights chapter appears to give Trans-Pacific Partnership countries’ countries greater power to stop information from going public

President Obama meets with agriculture and business leaders to discuss the benefits of the Trans-Pacific Partnership for American business and workers. Photograph: Martin H Simon/EPA

Wikileaks has released what it claims is the full intellectual property chapter of the Trans-Pacific Partnership (TPP), the controversial agreement between 12 countries that was signed off on Monday.

TPP was negotiated in secret and details have yet to be published. But critics including Democrat presidential hopefuls Hillary Clinton and Bernie Sanders,unions and privacy activists have lined up to attack what they have seen of it. Wikileaks’ latest disclosures are unlikely to reassure them.

A drafter’s note says that every participating country’s individual laws about whistleblowing would still apply.

“The text of the TPP’s intellectual property chapter confirms advocates warnings that this deal poses a grave threat to global freedom of expression and basic access to things like medicine and information,” said Evan Greer, campaign director of internet activist group Fight for the Future. “But the sad part is that no one should be surprised by this. It should have been obvious to anyone observing the process, where appointed government bureaucrats and monopolistic companies were given more access to the text than elected officials and journalists, that this would be the result.” Read more