Hatch Still Trying To Change The Finalized TPP Deal To Make It Even Worse For Other Nations
from the two-edged-sword dept
As Techdirt noted in 2014, by agreeing to the "fast track" procedure for trade deals, Congress has essentially given up its power to change them. That's a two-edged sword. Although it makes the ratification process simpler, because things like TPP and TTIP must be accepted or rejected in their entirety, it also means that political bosses have no ability to tweak the text to make it more likely the deals will be ratified. That's coming back to bite one of the people who introduced the fast track bill, Senate Finance Committee Chairman Orrin Hatch.
He has been trying for a while to get TPP to require the same 12 years' monopoly of drug safety data that the US provides for so-called "biologic drugs," in addition to the normal patent protection they enjoy. The final TPP text specifies eight years, and because of the fast track authority that he worked so hard to put in place, there is no way for Hatch to get the text changed now that it has been finalized. According to a report from Bloomberg, Hatch is apparently hoping that "binding side agreements" with the other TPP nations might do the trick, but there's a problem with that or any similar approach:
Australia, New Zealand and Peru have all indicated at various points during the last six months that they will not change their positions concerning biologics and stand by the agreed-upon language contained in the TPP.
That's really pretty extraordinary. After nearly eight years of tough negotiations, concessions were made and a final text agreed by all the countries involved. And now Hatch says it's not good enough, that the US has some special right to ask for yet more, and that countries refusing to up their protection for biologics data to 12 years won't be part of the TPP deal. Understandably, some in those nations at risk of being thrown out of TPP are unhappy about this threat. For example, Dr. Patricia Ranald, Convener of the Australian Fair Trade and Investment Network, said:
"I don't know what they're going to offer, but they know I'm at 12 years of data exclusivity,” he said of the administration. "They're going to have to find a way of having the countries agree to change that formality in the TPP to 12 years or come up with something that will be acceptable.""The extra three years of monopoly [beyond current Australian regulations] in the current TPP text is already unacceptable. It is outrageous that the US is demanding an even greater increase from 8 to 12 years. We call on the Australian and other governments to reject this proposal."
In fact, it's even worse than that. As we pointed out a year ago, granting any protection to the clinical trial data used to gain approval for biologics seriously undermines one of the fundamental principles of science: that basic facts cannot be owned, and that progress is made by building on the results of others. Hatch is right that the eight-year term of protection for biologics data in TPP is unacceptable, but he's wrong about what the right term would be: it's not 12 years, but zero.
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Filed Under: australia, biologics, data exclusivity, orrin hatch, tpp
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How about a compromise... They get the 12 years, but if the drug goes on the market, it's reduced to zero.
I'm fine with them protecting their research, but not at the expense of people not knowing how safe the drugs they are taking are.
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TTP
In fact capitalism and free-market principles are at odds with this piece of shit deal.
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Eternal?
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Re: TTP
But poor Hatch and his 'I don't know about you, but I demand this of several major governments'. Maybe he will be saved if the whole pile of dreck is tossed.
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Re: Eternal?
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The True TPP
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What a friggin genius this guy is
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While TPP will probably pass, unfortunately, the vote will be very very close, I think. Fast track only passed in the house by something like one or two votes.
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Re: Re: TTP
I do know that the test for ownership is... do you get to keep it if you give no one or nothing another dime? And if you own a business this is true. If you earn no more money you owe no more to government. It may be a dead business, but you still own it.
Now free-market... that is for all practical purposes not technically achievable as long as there is a single rule upon it by an authority. That being said, we can still come very close to a free market in spirit like we did in the distant past.
All we need do, is provide only the most minimal of regulation, entirely focused upon only anti-trust and anti-monopoly regulation. If a business gets too big, it gets broken up. No one should ever posses more wealth than 0.01% of the entire economy.
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Keep on going you crazy man!
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Re: The True TPP
It's been available to read for a while(after being kept secret for years of course), and yes, it's really, really bad. For the public at least, the corporations who wrote the thing make out like bandits.
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Re: Re: The True TPP
Let's pass it!
This gonna be fun!
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Re: Re: Eternal?
I am willing to bet that you do not know of a single corrupt thing your rep had done. I am also definitely betting they have done at least 5 corrupt things.
Problem is that corruption is hugely overlooked by your fellow citizens because their special corrupt bastard got them something. It may not have been much they did get them enough to stay elected.
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"Your choices are to be shot in the right leg or the left leg. 'Neither' is not an option."
A) Corporate bought stooge with an (R) before their name...
vs.
B) Corporate bought stooge with a (D) before their name...
vs. (technically)
C) Independent with shoestring budget that pretty much no-one knows exists because they don't get any coverage and can't afford to advertise their campaign due to funds that are a fraction of A and B...
... on top of a voting system that encourages defensive voting, where you vote against who you really don't want in rather than for who you do want in, it's not surprising that things are just a wee bit screwed up.
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Re: Re: Re: Eternal?
The gentle art of staying elected, bribe people by giving them a toy you bought them with money that you took from them.
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Re: Re: Re: TTP
Models are great and all but most are severely lacking in the accuracy department. For example, look at the abject failure known as trickle down or supply side economics. This vile pos sold to an unsuspecting public has been screwing them for decades and has not yet shown any signs of "working", other than making a very few very rich ... so I guess they would say it is working just fine. But hey - look at Kansas where austerity and free market have shown what a complete failure looks like.
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Re: Re: Re: Re: TTP
In any case, the correct word is "Mercantilism." That's where the laissez-faire philosophy ultimately comes from and it's killed million of people by insisting that the market will correct itself, despite it not being the market's job to resolve famines, etc.
What we need is a more fair, free, and open market in which artificial constraints don't interfere with the forces of supply and demand to the detriment of our societies. Competition does in fact keep you honest, as long as we actually have some.
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Re: Re: Re: Eternal?
Your assertion that I love corruption is .. ummm - wrong.
As is the case for a significant portion of the population, you are wrong. Your mouth breathing is likely due to your overweight condition, you probably need to get out more.
I doubt the local politician's corrupt behavior is "overlooked" as you claim. More likely, said behavior is not known to the general public. Do you have any data in support of your claims?
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