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KMID : 1170320160220020009
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Korean Journal of Health Economics and Policy
2016 Volume.22 No. 2 p.9 ~ p.117
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The Transition of TPP Agreements : focused on the leaked and final agreements
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Son Kyung-Bok
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Abstract
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The purpose of this study is to analyze the final Trans-Pacific Partnership(TPP) agreements on the pharmaceutical system. Also, this study noted the transition in agreements by analyzing leaked and final agreements available at the Wikileaks and USTR. Compared with the leaked agreements, final agreements considered access to medicines in low- and middle-income countries more meaningfully in some areas and devised more specific clause on patent linkage, patent term adjustment, and data exclusivity still with constructive ambiguities on them. This transition would be explained by issue linkage at the final negotiation stage. United States argued data protection for biologics which had not been discussed until 2013 and linked it with other provisions that were deemed to cause potential problems. However, compared with TRIPs, final agreements has TRIPs-plus provisions and regulations on pharmaceutical reimbursement and pricing that might limit access to medicines in low- and middle-income countries. To deal with the final agreements, member countries should interpret constructive ambiguities in agreements actively and amend domestic legislations accordingly that favor access to medicnes.
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KEYWORD
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Trans-Pacific Partnership Agreements, access to medicine, intellectual property, patent linkage, data exclusivity
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