Talking Points regarding the Sanders Amendment on TRIPS and TRIPS Plus

[James Love <love@cptech.org>]

Talking Points regarding the Sanders Amendment on TRIPS


   TRIPS Versus TRIPS Plus 

What is TRIPS?

TRIPS is the WTO's agreement on Trade Related Aspects of
Intellectual Property.  TRIPS is the most important international
agreement on the protection of patents, copyright and trademarks.
TRIPS is a tough agreement, and was advanced largely by large US
pharmaceutical and entertainment interests. 

What is TRIPS Plus?

TRIPS plus are intellectual property protections that go beyond
TRIPS.  For example, patent terms longer than 20 years would be
TRIPS plus.  Limitations on parallel imports, which are permitted
under the TRIPS, would be TRIPS plus, as would limitations on
medical research exceptions (the so called "Bolar" amendment in
US law).  Banning compulsory licensing of patents would be TRIPS
plus.

What would the Sanders Amendment do?

The Sanders amendment would permit the US Department of State to
lobby countries to comply with the levels of intellectual
property protection set out in the TRIPS accord.  But State would
be prohibiting from using its resources to lobby for TRIPS plus
levels of protection.


Why is the Sanders Amendment needed?

Public health groups are concerned that US foreign policy and
trade officials are "captured" by large pharmaceutical companies,
and are pushing a trade agenda that undermines public health. 
The Sanders amendment would use the WTO/TRIPS level of protection
as a reasonable standard for the protection of commercial
interests.  Public health groups support the Sanders Amendment.


What are some of the disputes about?

The US government has lobbied Thailand, India, Israel and South
Africa in opposition to pro-consumer positions on parallel
imports, compulsory licensing and the use of medical research
exceptions.   In every case, the US government is lobbying
countries for TRIPS Plus levels of protections, and using the US
government power to oppose pro-consumer polices that would
broaden access to essential medicines.  Consumers in countries
like Thailand, India and South Africa are very poor, and these
trade pressures have been condemned by a large coalition of
public health groups, including Health Action International,
Doctors without Borders, Public Citizen, Act Up!, the Health Gap
Coalition and the Consumer Project on Technology, to mention only
a few.