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U.S. Should Consider Closing TPP with Only Certain Participants, Says Hatch

The U.S. should advance Trans-Pacific Partnership (TPP) negotiations with only certain participant nations that are willing to make strong market access and rules commitments, such as intellectual property rights (IPR) protection, said Sen. Orrin Hatch, R-Utah, in a Dec. 2 letter to U.S. Trade Representative Michael Froman. The U.S. should still, however, pursue sealing TPP negotiations this year, said Hatch. The Obama Administration has repeatedly urged conclusion of TPP negotiations by the end of 2013 (see 13112927).

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The IPR provisions should include “twelve years of regulatory data protection for biologic and the elimination of restriction on cross-border data flows,” said Hatch. In a review of IPR policy changes proposed during the recent TPP summit in Salt Lake City, the USTR Nov. 29 said the biologic data protection lifespan remained under debate (see 13120210). Industry officials, such a National Association of Manufacturers (NAM) Senior Director Christopher Moore, have recently insisted on the 12-year data protection requirement (here). The USTR declined to comment on the biologic data protection lifespan in a final TPP agreement.

“I believe that a strong, comprehensive agreement with a group of committed trading partners is far preferable to accepting a weakened agreement merely for the sake of including all countries that entered the negotiations,” said Hatch. “I also encourage you to, if necessary, consider concluding negotiations on a staggered timetable as countries become willing to meet the high TPP standard.” Hatch’s press office did not comment on specific country concerns. The U.S. initiated trade negotiations in 2004 with Peru, Colombia, and Ecuador, with Bolivia as an observer, but only later signed free trade agreements with Peru and Colombia, Hatch said in the letter.

Email ITTNews@warren-news.com for a copy of the letter.