I was listening to the radio the other day and caught the tail end of an interview concerning the Trans Pacific Partnership (TPP). The comment that attracted my attention was a statement that the Intellectual Property provisions of the TPP agreement would cost Canada 57,000 jobs. The same evening the TPP agreement was on the evening television news and the person interviewed indicated that the ability of Canada to change its laws would be hampered. I have now read the Intellectual Property provisions of the TPP agreement, which are found in the 75 pages which comprise Chapter 18 and accompanying schedules. The agreement indicates that countries may change their laws “provided that such measures are consistent with the provisions of this Chapter”. As indicated by the television commentator, Canada would be in breach of the agreement if, after signing, the government chose to pass laws that contradict the provisions of the TPP agreement. Looking for the lost 57,000 jobs, I found that most of the 75 pages are consistent with the laws of Canada as they presently exist. The copyright term has been lengthened, but that change is unlikely to cost any jobs. Canada’s previous copyright term was the life of the author plus 50 years after his or her death. The TPP agreement provides for a copyright term of the life of the author plus 70 years after his or her death. In Canada, there is a government approval process before a company can sell agricultural chemical products, pharmaceuticals, or biologics (complex molecules such as proteins that are isolated from plants, animals or micro-organisms, or made using biotechnology). The TPP agreement provides for a “patent term adjustment”, lengthening the term of a patent when there are delays in the government approval process. This change will give drug companies a few more years of protection and will slow the introduction of generic drugs into the Canadian market. As part of the government approval process, companies must submit test data and, where applicable, data from clinical trials. There is presently no law, prohibiting subsequent applicants for government approval from using test data submitted by an original applicant. The TPP agreement provides that subsequent applicants are prohibited from using the test data submitted by the original applicant for a period of 10 years when seeking government approval for agricultural chemicals, 5 years for pharmaceuticals, and 8 years for biologics. This will also slow the introduction of generic products into the Canadian market, as generic manufacturers are forced to either wait or develop their own test data and conduct their own clinical trials. I have no way of assessing whether 57,000 jobs will be lost. However, it is reasonable to assume that there will be a loss of jobs in the generic drug industry as these provisions begin to affect generic drug manufacturers based in Canada. However there are some answers missing from the dialog, that would help me decide whether or not I am in favour of TPP. How many jobs may be gained in other sectors with the signing of TPP? How many jobs may be lost if we do not sign TPP? We rely upon our exports, being frozen out of TPP may not be good for Canada in the long run.
http://tcllp.ca/wp-content/uploads/logo3.png 0 0 Douglas B. Thompson http://tcllp.ca/wp-content/uploads/logo3.png Douglas B. Thompson2016-03-23 10:59:112016-03-23 10:59:11Trans Pacific Partnership (TPP)