TPPA Key Points

Environment

  • Governments have no protection against being sued by corporations for passing environmental regulation
  • Governments will risk paying out large sums to foreign investors for adopting new environmental regulations
  • 70% of ISDS disputes under other agreements challenge natural resource and environmental policies
  • GMO exporting countries are given assistance under the TPP while making it harder for countries to independently regulate GM foods
  • Risks abandonment of compulsory GMO labeling

Intellectual Property

  • IP provisions are a net cost to New Zealand, and limits our ability to experiment and innovate

Copyright

  • Increases the copyright term to death of the author plus 70 years, or 105 years from publish for sound and film
  • Increases to the copyright term cost the country over $55m/yr with an upfront cost of $500m
  • Seeks for police to prioritise copyright enforcement over other more important work
  • Expands the protectionism of restrictive DRM, killing fair dealing rights
  • Allows copyright holders to ban parallel imports of copyrighted material such as DVDs, denying us the right to buy overseas content

Medicine

  • TPPA requires data exclusivity for biologic medicines for either a term of eight years or a shorter term with unspecified other measures to ensure a ‘similar market outcome’. Our 5 year term will be challenged by the US, and so extended protection will add to the cost of treatments resulting in higher costs for patients or the health system
  • New treatments will be eligible for longer patent terms, extending pharmaceutical monopolies and delaying access to cheaper generic versions.

Te Tiriti o Waitangi

  • TPPA conflicts with Māori rights and crown obligations under te tiriti, such as self-governance, political autonomy, and their right to recognition, observance, and enforcement of treaties should have informed negotiation
  • TPPA has potential to impact on hapu and iwi, and their resources, so should have required informed consent from Māori
  • TPPA strengthens the rights of holders of state-recognised IP, a form of IP that generally fails to protect mātauranga Māori and the rights of kaitiaki, and has often even undermined those rights
  • UN agrees that investment chapters and ISDS clauses are a risk to indigenous rights and constrain abilities to gain remedies