Assessing access to medicines in preferential trade agreements: From the trans-pacific partnership to the comprehensive and progressive agreement for trans-pacific partnership

Research output: Contribution to journalArticleScientificpeer-review

Abstract

TheComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11)is a trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP negotiations started after the Trans-Pacific Partnership Agreement reached a stalemate due to the withdrawal of the United States on 23 January 2017. This paper's aim is to provide an appraisal of some sensitive provisions of the CPTPP, and their impact on access to affordable medicines. As access to medicines is mainly related to the protection of intellectual property rights and in particular patents, a first part of the paper will focus on the international regulatory framework for patents, considering the main international conventions, the TRIPS Agreement and its relation with preferential trade agreements. The narration will then focus on the provision of the CPTPP relating to patents and pharmaceuticals, and those relating to investment. The discussion will revolve around whether said provisions significantly depart from the framework set by TRIPS, for instance, including TRIPS-plus provisions, notably criticised for their adverse repercussions on the fundamental right to health. As regards the provisions in the investment chapter, the analysis will focus on whether the wording of said chapter is equipped to strike a balance between protection of foreign investors and health regulation. A conclusion will follow, summarising the main findings of the paper.

Original languageEnglish
Pages (from-to)1048-1079
Number of pages32
JournalInternational Review of Intellectual Property and Competition Law
Volume49
Issue number9
DOIs
Publication statusPublished - Nov 2018

Keywords

  • Access to medicines
  • Public health
  • Trans-Pacific Partnership (TPP)
  • Comprehensive and Progressive Trans-Pacific Partnership (CPTPP)
  • Preferential trade agreements
  • TRIPS-plus
  • Investment law
  • INTERNATIONAL INVESTMENT AGREEMENTS
  • INTELLECTUAL PROPERTY-RIGHTS
  • PUBLIC-HEALTH
  • TRIPS
  • PHARMACEUTICALS
  • PATENTS
  • DRUGS

Cite this

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title = "Assessing access to medicines in preferential trade agreements: From the trans-pacific partnership to the comprehensive and progressive agreement for trans-pacific partnership",
abstract = "TheComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11)is a trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP negotiations started after the Trans-Pacific Partnership Agreement reached a stalemate due to the withdrawal of the United States on 23 January 2017. This paper's aim is to provide an appraisal of some sensitive provisions of the CPTPP, and their impact on access to affordable medicines. As access to medicines is mainly related to the protection of intellectual property rights and in particular patents, a first part of the paper will focus on the international regulatory framework for patents, considering the main international conventions, the TRIPS Agreement and its relation with preferential trade agreements. The narration will then focus on the provision of the CPTPP relating to patents and pharmaceuticals, and those relating to investment. The discussion will revolve around whether said provisions significantly depart from the framework set by TRIPS, for instance, including TRIPS-plus provisions, notably criticised for their adverse repercussions on the fundamental right to health. As regards the provisions in the investment chapter, the analysis will focus on whether the wording of said chapter is equipped to strike a balance between protection of foreign investors and health regulation. A conclusion will follow, summarising the main findings of the paper.",
keywords = "Access to medicines, Public health, Trans-Pacific Partnership (TPP), Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), Preferential trade agreements, TRIPS-plus, Investment law, INTERNATIONAL INVESTMENT AGREEMENTS, INTELLECTUAL PROPERTY-RIGHTS, PUBLIC-HEALTH, TRIPS, PHARMACEUTICALS, PATENTS, DRUGS",
author = "Piergiuseppe Pusceddu",
year = "2018",
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doi = "10.1007/s40319-018-0758-3",
language = "English",
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pages = "1048--1079",
journal = "International Review of Intellectual Property and Competition Law",
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T1 - Assessing access to medicines in preferential trade agreements

T2 - From the trans-pacific partnership to the comprehensive and progressive agreement for trans-pacific partnership

AU - Pusceddu, Piergiuseppe

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N2 - TheComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11)is a trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP negotiations started after the Trans-Pacific Partnership Agreement reached a stalemate due to the withdrawal of the United States on 23 January 2017. This paper's aim is to provide an appraisal of some sensitive provisions of the CPTPP, and their impact on access to affordable medicines. As access to medicines is mainly related to the protection of intellectual property rights and in particular patents, a first part of the paper will focus on the international regulatory framework for patents, considering the main international conventions, the TRIPS Agreement and its relation with preferential trade agreements. The narration will then focus on the provision of the CPTPP relating to patents and pharmaceuticals, and those relating to investment. The discussion will revolve around whether said provisions significantly depart from the framework set by TRIPS, for instance, including TRIPS-plus provisions, notably criticised for their adverse repercussions on the fundamental right to health. As regards the provisions in the investment chapter, the analysis will focus on whether the wording of said chapter is equipped to strike a balance between protection of foreign investors and health regulation. A conclusion will follow, summarising the main findings of the paper.

AB - TheComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11)is a trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP negotiations started after the Trans-Pacific Partnership Agreement reached a stalemate due to the withdrawal of the United States on 23 January 2017. This paper's aim is to provide an appraisal of some sensitive provisions of the CPTPP, and their impact on access to affordable medicines. As access to medicines is mainly related to the protection of intellectual property rights and in particular patents, a first part of the paper will focus on the international regulatory framework for patents, considering the main international conventions, the TRIPS Agreement and its relation with preferential trade agreements. The narration will then focus on the provision of the CPTPP relating to patents and pharmaceuticals, and those relating to investment. The discussion will revolve around whether said provisions significantly depart from the framework set by TRIPS, for instance, including TRIPS-plus provisions, notably criticised for their adverse repercussions on the fundamental right to health. As regards the provisions in the investment chapter, the analysis will focus on whether the wording of said chapter is equipped to strike a balance between protection of foreign investors and health regulation. A conclusion will follow, summarising the main findings of the paper.

KW - Access to medicines

KW - Public health

KW - Trans-Pacific Partnership (TPP)

KW - Comprehensive and Progressive Trans-Pacific Partnership (CPTPP)

KW - Preferential trade agreements

KW - TRIPS-plus

KW - Investment law

KW - INTERNATIONAL INVESTMENT AGREEMENTS

KW - INTELLECTUAL PROPERTY-RIGHTS

KW - PUBLIC-HEALTH

KW - TRIPS

KW - PHARMACEUTICALS

KW - PATENTS

KW - DRUGS

U2 - 10.1007/s40319-018-0758-3

DO - 10.1007/s40319-018-0758-3

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JO - International Review of Intellectual Property and Competition Law

JF - International Review of Intellectual Property and Competition Law

SN - 0018-9855

IS - 9

ER -