Malaysia
Malaysia won't agree to TPPA drug patent extension, minister says
Protesters holding a TPPA protest poster and candles while sitting on the road at the entrance of Komplex Pejabat Kerajaan Jalan Duta, on February 13, 2014. u00e2u20acu201d Picture by Choo Choy May

KUALA LUMPUR, March 17 — Putrajaya is adamant that it will not agree to any extension to drug patents or drug data exclusivity that is being pushed under the Trans Pacific Partnership Agreement (TPPA), Health Minister Datuk Seri Dr S. Subramaniam said today.

He told Parliament that Malaysia cannot support any measure that will deprive its people access to generic drugs, which have “protected the rakyat and made sure the cost price is under control”.

“We cannot support anything that adds time extensions to patents and delay manufacturing of generic drugs. That is our unshakeable stand,” he said to a supplementary question by PKR’s Kuala Langat MP Abdullah Sani Abdul Hamid.

Last year, the intellectual property chapter of the TPPA purportedly leaked on the Internet raised concerns that prices of medicines would rise drastically due to a policy favouring drug manufacturers.

The alleged leak, made available on the Wikileaks whistleblower website indicated that TPPA signatories would be forced to observe an “automatic monopoly period” of up to 12 years for patented life-saving drugs.

The controversial deal will include, but is not limited to, medicines that treat diseases such as cancer and HIV.

The clause will also prevent generic versions of the drug from entering the market during the period of exclusivity, forcing patients to rely on brand-name versions that are typically sold at a much higher cost.

Dr Subramaniam today stressed that Malaysia’s negotiations with the US on the TPPA must be directed towards allowing the generic drugs industry to flourish globally and domestically, as it would work in the public’s interest.

“We must focus on generic drugs, and how the rakyat will get value-add by increasing the availability of generic drugs worldwide and especially in our country.

“It (TPPA) must allow the generic drugs industry to grow, as this will create a healthy market and will bring down the prices,” he said.

The TPPA is a free trade agreement that has been negotiated by the US, Malaysia and nine other nations as part of the larger Trans-Pacific Strategic Economic Partnership since 2010.

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