WikiLeaks Publishes Previously-Undisclosed TPP Intellectual Property Chapter
WikiLeaks released the previously undisclosed Intellectual Property (IP) chapter of the Trans-Pacific Partnership (TPP) trade pact, currently being negotiated by the U.S. and 11 additional nations. WikiLeaks obtained the 95-page document after the August 26-30 TPP summit in Brunei, said WikiLeaks in a Nov. 13 press release (here). The leak comes as chief TPP negotiators prepare to meet in Salt Lake City from Nov. 19 to 24 (see 13110110).
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The TPP participant nations have met on several occasions since Brunei, including on the sidelines of the Asia-Pacific Economic Partnership summit in October (see 13100718). The office of the U.S. Trade Representative (USTR) refused to comment on the authenticity of the material “purportedly leaked from a negotiation,” said a USTR spokeswoman. The IP negotiations remain underway and a final text has not been agreed upon, said the spokeswoman. The Obama Administration continues to target the end of 2013 for conclusion of negotiations (see 13103004). The leaked text unveils significant disagreement among the 12 nations, said a number of advocacy groups, including WikiLeaks.
“This leak is the first of a complete chapter revealing all countries’ positions. There are more than 100 unresolved issues in the TPP Intellectual Property chapter,” said Public Citizen, in a press release (here). “Even the wording of many footnotes is in dispute; one footnote negotiators agree on suggests they keep working out their differences over the wording of the other footnotes. The other 28 draft TPP chapters remain shrouded in secrecy.”
The IP chapter shows the Obama Administration is pushing stringent IP language that promotes big business over consumer access to products and information, said WikiLeaks, adding that only primary negotiators and big business previously had viewing privileges for the document. “Members of the US Congress are only able to view selected portions of treaty-related documents in highly restrictive conditions and under strict supervision,” said WikiLeaks. “It has been previously revealed that only three individuals in each TPP nation have access to the full text of the agreement, while 600 ’trade advisers’ -- lobbyists guarding the interests of large US corporations such as Chevron, Halliburton, Monsanto and Walmart -- are granted privileged access to crucial sections of the treaty text.”
The TPP IP chapter, which includes 296 footnotes and 941 brackets, proposes patent and IP rights language that would enable participant governments and private entities to bring legal action that could award dispute winners “huge” sums, said Knowledge Ecology International (KEI), in a press release (here). “The trade agreement includes proposals for more than a dozen measures that would limit competition and raise prices in markets for drugs,” said KEI These include (but are not limited to) provisions that would lower global standards for obtaining patents, make it easier to file patents in developing countries, extend the term of patents beyond 20 years, and create exclusive rights to rely upon test data as evidence that drugs are safe and effective.”