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WikiLeaks-leaked TPP IP Chapter Much Ado About Nothing

Over the past week, critics of the Trans-Pacific Partnership (TPP) Agreement—a free trade agreement (FTA) currently being negotiated by the United States and 11 of its trading partners across the Asia-Pacific region—have made a large hue and cry regarding a draft chapter of the agreement leaked on WikiLeaks pertaining to the TPP’s intellectual property (IP) provisions. Critics have lodged a litany of complaints against the TPP in general and the IP sections of the agreement in particular, including that the TPP has been negotiated “in secret,” that America’s TPP negotiators are attempting to surreptitiously circumvent existing U.S. law in negotiating the agreement, that the “onerous” protections for innovative products such as novel biologics would compromise access to medicines in the developing world, and that the TPP is likely to lead to much greater surveillance by Internet service providers (ISPs) on citizens’ online surfing habits. Yet each of these criticisms is either downright unfounded or significantly overblown, and the reality is that the “leaked TPP IP chapter” is really much ado about nothing, despite its scandalous trumpeting by those who wish to sow fear, doubt, and uncertainty regarding the TPP.

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Trans Pacific Partnership Leaders

Talking TPP: Getting Through to Negotiators

As final negotiations begin for the Trans Pacific Partnership (TPP) trade pact, it is essential that U.S. representatives understand the impact this agreement will have on our future. The TPP presents an opportunity to set the standard for future trade agreements, but implementing the wrong policies could do more harm than good.

Any TPP agreement must enable U.S. innovation and not finalizing an agreement is better than signing one that compromises America’s ability to create technologies and make advancements that benefit society. A key factor in protecting innovation through the TPP will be the assurance of strong intellectual property (IP) rights protections that promote investments in R&D and technology development and insure the free flow of information across borders.

As ITIF has noted, IP is a central component of the innovation ecosystem, which is a key factor in a healthy economy, in both developed and developing nations. For example, strengthening IP rights has been connected with increased inflows of foreign direct investment, rates of domestic innovation, and trade in high technology products.

A new ITIF report further examines the TPP and emphasizes the importance of designing an agreement that

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A Nurse with a clipboard

The Healthcare Battle You Don’t Know About

While the very public battle over healthcare policy rages in Washington, teams of international negotiators in countries around the world are deciding a critical but much less well-known issue. The United States is leading an effort to build a free trade pact around the Pacific Rim, including Japan, Canada, Chile, and Australia, that represents over 40 percent of global trade. Wrapped up in these negotiations for the Trans-Pacific Partnership (TPP) is the issue of whether these countries will be able to free-ride on American innovation. We have a vested interest in ensuring they cannot.

The healthcare industry is a prime example of how failing to protect intellectual property in the TPP not only affects the U.S. economy, but would also have a lasting impact on patient health. The U.S. healthcare sector is the most innovative in the world, working every day to achieve breakthroughs to improve our quality of life. Some of the most cutting-edge technology is in biologic medicines – using biotechnology to improve human health. The advances we’ve made in this field led MIT researchers to believe it could usher in a revolution across scientific and engineering technology.

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Intellectual Property Rights Key to Negotiating a Successful TPP Agreement

Negotiations toward completing the Trans-Pacific Partnership (TPP) continue this week in Malaysia. While this potential trade agreement would tie the United States more closely to several key Asian markets, a number of important details still need to be negotiated among the nations at the bargaining table. Perhaps the most important of these issues is the intellectual property protections that will be included in the final agreement.

As this marks the first round of negotiations since new United States Trade Representative Michael Froman was confirmed by the Senate, the United States needs to seize the opportunity to make an aggressive push for the inclusion of strong intellectual property rights in the TPP. While some developing nations condone or enact lax enforcement of intellectual property rights as a means of accelerating growth, in the long run strong intellectual property rights benefit all economies. The promise of economic reward that comes with intellectual property rights incentivizes innovation, enhances the development of domestic industries, and can ultimately help transform nations from developing to developed.

Given the size and scope of the nations in the agreement, the TPP will likely serve as the standard against

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Affordable Care Act Endangers Innovative U.S. Life Sciences Industries

The Patient Protection and Affordable Care Act (ACA) is in the news again, with the announcement that the White House has delayed until 2015 the employer mandate, which requires that all employers with more than 50 employees provide health coverage to their workers. While most of the attention toward the ACA has centered around debate regarding the individual and employer mandates, what’s often missed is that certain provisions in the Affordable Act Care threaten to damage two of America’s most important innovative life sciences industries: medical devices and biopharmaceuticals.

Regarding medical devices, as of January 2013 the Affordable Care Act began to impose a 2.3 percent excise tax on the sales of medical devices, in order to offset a portion of the $1 trillion cost of the Act. (Specifically, the Joint Committee on Taxation estimates the tax will collect $29 billion over the 2013-2022 period.) Beyond the fact that raising costs is not the way to control them, the provision has had a deleterious impact on the competitiveness of U.S. medical device firms and threatened employment in the U.S. medical device industry. Some, including former chief Labor Department economist Diana

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