Much Ado About the TPP’s Effect on Pharmaceuticals

Abstract

The Trans-Pacific Partnership Agreement’s many provisions that were beneficial to the pharmaceutical industry have caused a good deal of controversy. Specifically, critics allege that the TPP’s provisions requiring that member states expand patentable subject matter, adjust pharmaceutical patent terms, and link regulatory marketing approval to a drug's patent status would have raised drug prices and hindered access to medicines, particularly in developing countries. Closer examination of these provisions as well as the various ways in which member states can modify or ameliorate the effects of these provisions suggests that their potential effect on drug prices and access to health care is not nearly so clear, however.

Keywords: Trans-Pacific Partnership Agreement, pharmaceuticals, patent, patentable subject matter, developing country, access to medicine, patent term adjustment, patent linkage, trade agreements