The Malaysian AIDS Council and the Breast Cancer Welfare Association Malaysia representing Bantah TPPA are concerned about the negative implications on the Malaysian healthcare system of the IP chapter of the Trans-Pacific Partnership Agreement (TPPA), especially in relation to the TRIPS+ provisions.

There have been discussions here in Brunei during TPPA’s 19th negotiation round about the need for a “golden balance” between the rights of pharmaceutical companies and that of the patients. This implies that the 1995 TRIPS agreement is not the golden balance and that negotiators are headed towards a TRIPS+ compromise.

We would like to reiterate that under the current 20-year patent regime, there are existing problems in regard to access to affordable medicines.

As such, the golden balance should be the better utilisation of the TRIPS flexibilities in favour of public health and not new TRIPS+ provisions.

TRIPS+ provisions include data exclusivity, extended data exclusivity for biologics (cancer drugs), patent linkage, patent term extensions, patents for new uses and new methods, patents for surgical, diagnostic and therapeutic methods.

We stand in opposition to all and any TRIPS+ proposals in the TPPA and we ask the Malaysian government and negotiators to continue to stay strong in opposition and reject all and any TRIPS+ proposals and reiterate our strong position on the issue of access to affordable medicines.

Undersigned,

Bantah TPPA, the Malaysian AIDS Council, and Breast Cancer Welfare Association Malaysia.