European Commission publishes negotiating proposals for EU-Indonesia trade deal

It is important to note that the EU proposals on IP are TRIPS-plus in multiple regards and would surely reduce policy space in Indonesia and negatively impact access to affordable medicines.  Even a preliminary review of the proposal reveals:

  1. A requirement to make all reasonable efforts to abide with the WIPO Patent Law Treaty, which risks enshrining lower standards of patentability.
  1. Mandatory patent term extensions to compensate for regulatory delay in granting marketing approval of medicines with a proposed minimum 15 year term of effective patent coverage.

  1. An additional mandatory patent term extension in the case of pediatric studies.
  1. Enhanced enforcement measures in terms of: intermediary liability, mandatory provisional measures, border measures involving suspected patent violations, and lost-profit damages.
  1. National and regional exhaustion of rights only, limiting right of parallel importation.

Although lip service is paid to preserving TRIPS-flexibilities and self-congratulations about preserving compulsory licensing rights enshrined in the Doha Declaration, the EU proposals are profoundly TRIPS-plus. The impacts of patent term extensions and data/marketing exclusivities based on registration-related data/decisions on access to more affordable generic medicines will be profound.  The number of years of TRIPS-plus protections has not yet been finally determined, but the pretense of protecting access-to-medicines must be condemned.

Brief Analysis by Professor Brook K. Baker, Health GAP (Global Access Project) & Northeastern U. School of Law, Program on Human Rights and the Global Economy Honorary Research Fellow, Faculty of Law, Univ. of KwaZulu Natal

Read the report: http://trade.ec.europa.eu/doclib/docs/2016/november/tradoc_155070.pdf

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This entry was posted in IPR Enforcement, Patent Term Extension, TRIPS, TRIPS flexibilities, TRIPS plus, Uncategorized. Bookmark the permalink.

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