While I disagree strongly with the Greens’ opposition to the re-indexation of fuel excise, I certainly cannot fault their stance on the Trans-Pacific Partnership (TPP) – the proposed regional trade deal between 12 Pacific Rim countries, including Australia.
In the video above, Greens senator, Scott Ludlam, slams the secrecy around the TPP and laments the fact that if it wasn’t for WikiLeaks releasing the draft chapters on intellectual property and the environment, then Australians would be totally in the dark with respect to negotiations.
Ludlam also calls for the Abbott Government to release details of the negotiations to the public so that an informed debate can be had. He also slams the proposed investor-state dispute settlement (ISDS) clause included in the leaked draft, which could see Australian sued by international corporations when implementing health or environmental policies (e.g. plain packaging cigarettes).
In my view, the Greens are right to be concerned about the TPP. Under the leaked draft text, the agreement would establish a US-style regional regulatory framework that meets the demands of major US export industries, including pharmaceutical and digital.
In particular, the leaked draft chapter on intellectual property rights included a “Christmas wishlist” for pharmaceutical companies, including the proposal to extend patent protection and strengthen monopolies on clinical data. As part of the deal, the US is seeking patents for “new forms” of known substances, as well as on new uses on old medicines – a proposal which would lead to “evergreening”, whereby patents can be renewed continuously.
The pact poses a risk to Australia’s world class public health system, which faces cost blowouts via reduced access to cheaper generic drugs and reduced rights for the government to regulate medicine prices. It also risks stifling innovation in the event that patent terms are extended too far.
As noted by Ludlam above, the ISDS clause in the TPP could give authority to major corporations to challenge laws made by governments in the national interest in international courts of arbitration. Effectively, US companies would be allowed to sue the Australian Government under international law – a move that is being pursued by Philip Morris against Australia on plain packaging and graphic warnings for cigarettes.
The US is also opposing a proposal that would allow the circumvention of technology that restricts products to certain regions, even though this was recommended by the Australian parliament’s Inquiry into IT Pricing, as well as opposing the parallel importation of goods made under authorisation in other countries – both of which would act to maintain higher prices (to the detriment of Australian consumers).
Hopefully, Labor, the Palmer United Party, and the cross-benchers will get behind the Greens and demand greater transparency and safeguards in Australia’s negotiations over the TPP.
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