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Govind Rao

New debate needed on Canada-EU trade deal | - 0 views

  • It is time for Canada to lead in re-evaluating what type of trade agreements are needed for this century.
  • By HOWARD MANN PUBLISHED : Wednesday, March 9, 2016
  • While the Comprehensive Economic and Trade Agreement (CETA) text was in long-term legal scrub, it had taken a back seat to discussions over the Trans-Pacific Partnership Agreement (TPP) concluded by the Conservative government during the last election campaign. The TPP has attracted vocal opposition from very diverse sources in Canada, including major innovators, labour unions and organizations focused on achieving sustainable development. With the release now of the final CETA text—the trade agreement between Canada and the EU—new debate is needed on it as well.
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  • Included in the statement released by Canada and the EU to mark the end of the legal review was the announcement that the investor-state arbitration model long entrenched in Canada’s international agreements has been replaced by a system that more closely resembles an international court. The new court-like system includes independent judges, an appeals process and, generally, more transparency and predictability. There can be little doubt that this is a significant improvement over the previous arbitration process.
  • Trade Minister Chrystia Freeland, after referring to CETA as a gold-plated trade agreement, stated that with these changes, “Our dispute resolution process is brought up in this agreement to the 21st century democratic standards that Canadians demand.” This view begs two questions. First, why have a new international court that can override domestic courts that already meet the democratic expectations of Canadians? Second, does the rest of the agreement also reflect 21st century democratic needs and standards?
  • The investment chapter and its international court will still give foreign investors special rights and remedies to challenge government actions that they see as unfavourable to them. This gives one economic stakeholder a significant legal advantage over all other actors and stakeholders in the economy. It will allow this one class of economic actor to circumvent domestic courts by going directly to an international court whose role is to apply international law to protect their investor rights.
  • The justification for this is that these mechanisms will attract new investors to new places. However, this fails to stand up to empirical evidence developed over the past 10 to 15 years that shows these types of special rights for investors have no impact on investment flows. In short, there is no payoff for governments that put their countries at risk of exposure to international dispute settlement processes that circumvent domestic courts.
  • So do the other provisions of CETA reflect 21st century goals and standards? In both the TPP and CETA, it is the chapters that don’t directly relate to trade that make the agreements ‘comprehensive.’ It is these rules that are becoming increasingly broad and ever more favourable to large economic actors.
  • Let’s take the Intellectual Property Rights (IPR) rules, for example, which go farther to favour European drug manufacturers over Canadian manufacturers, and Canada’s health care system, than any previous IPR agreement. There is also the chapter on “Domestic Regulation” that goes farther in limiting government rights to review and regulate new investments in every sector of the economy than any previous treaty has gone. The CETA also features a long list of limitations on government’s ability to maximize the value that Canadians derive from foreign investment, including such future projects as Ontario’s ring of fire for mining.
  • These non-trade chapters will contribute to the ongoing growth of legal and economic inequality of average citizens and small and medium-size businesses compared to the large economic actors. These chapters simply replicate and deepen provisions from 10, 15 and 20 years ago, or more, with no new assessment of their impacts in today’s world, on climate change responses, or on the needs of sustainable development.
  • The UN Sustainable Development Goals adopted in 2015 provide a framework to realign the goals of trade and economic agreements for the future rather than just replicate the measures of the past, measures that continue to work against sustainable development needs. With the growing concerns over TPP, the inconsistent approaches between TPP and CETA on key democratic principles, and the obvious need to prioritize climate responses over trade policy, it is time for Canada to lead in re-evaluating what type of trade agreements are needed for this century.
  • Canada now has a unique opportunity to step back, reflect, and then return to lead global trade-law into a sustainable development era.
  • Howard Mann is the senior international law adviser with the International Institute for Sustainable Development.
Govind Rao

The Movement Against Fast Tracking a Disastrous Trade Deal Continues to Mobilize | Alte... - 0 views

  • People even braved a blizzard to protest these corporate trade agreements.
  • February 2, 2015
  • By Kevin Zeese and Margaret Flowers
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  • Since the President’s State of the Union message where he announced his plan to push corporate trade agreements and seek Fast Track trade promotion authority, the movement against Fast Track, the Trans-Pacific Partnership (TPP) and globalized trade has grown. Instead of the bump in support that Obama expected after the State of the Union,opposition has increased inside Congress and in the grass roots.
Govind Rao

'Free trade' deals a threat to health care for all | The Council of Canadians - 0 views

  • February 17, 2015
  • Various so-called 'free trade' agreements are taking aim at the advancement of health care for all. Comprehensive Economic and Trade Agreement (CETA) This is an almost-finalized agreement between Canada and the European Union that will face ratification votes in the latter half of this year or early in 2016.
  • As we've highlighted, this deal would lengthen the patent protection for pharmaceutical corporations
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  • Trade in Services Agreement (TISA) This agreement is being negotiated on the sidelines of the World Trade Organization by a group of 23 governments representing 50 countries, including Canada, the United States, the European Union, Australia, Mexico and South Korea.
  • reforms to national public health systems to promote 'offshoring' of health care services. .
  • Trans Pacific Partnership (TPP) This free trade zone of twelve countries including Canada, the United States and Japan, would encompass about 40 per cent of the world's economy. It is believed that the negotiations for this deal could be concluded as early as next month.
  • medicines in both the United States and abroad.
  • Transatlantic Trade and Investment Partnership (TTIP) The United States and the European Union have just completed their eighth round of talks for this agreement.
  • intellectual property rights that would prolong monopolies on pharmaceuticals and reduce access to affordable and lifesaving generic medicines.
Govind Rao

TPP: profits before patients | The Council of Canadians - 0 views

  • October 6, 2015
  • The news yesterday that the secretive Trans-Pacific Partnership (TPP) negotiations have concluded is one that should worry Canadians, especially in regards to the relationship between intellectual property rights (IP) and pharmaceuticals (the text of the TPP includes 29 chapters, only five of which are about trade). Even the likes of Paul Krugman have changed their tune and stated, “this is not a trade agreement. It’s about intellectual property and dispute settlement; the big beneficiaries are likely to be pharma companies and firms that want to sue governments.” Nobel Laureate Joseph Stiglitz recently added that, “you will hear much about the importance of the TPP for 'free trade.' The reality is that this is an agreement to manage its members’ trade and investment relations – and to do so on behalf of each country’s most powerful business lobbies. Make no mistake: It is evident from the main outstanding issues, over which negotiators are still haggling, that the TPP is not about “free” trade.”
Govind Rao

Trade talks between US and EU could increase cost of drugs, new report says | BMJ - 0 views

  • BMJ 2014; 348 doi: http://dx.doi.org/10.1136/bmj.g2402 (Published 26 March 2014) Cite this as: BMJ 2014;348:g2402
  • Deborah Cohen
  • Ongoing free trade negotiations between the European Union and the United States will lead to agreements that will “limit transparency of clinical trials” and “increase the cost of medicines” if the drug industry has its way, a coalition of public health groups has said in a report.Whereas many trade negotiations focus mainly on tariffs, the Transatlantic Trade and Investment Partnership (TTIP) talks will set standards and legal frameworks for drug regulation, intellectual property rights, and investment protection, which the report says will “benefit [the] commercial interests of a few multinational firms.” The report has been produced by a coalition of groups including the International Society of Drug Bulletins, the Medicines in Europe Forum, Universities Allied for Essential Medicines Europe, Health Action International Europe, and the Commons Network. A spokeswoman for the European Federation of Pharmaceutical Industries and Associations defended the talks, telling …
Govind Rao

Free-Trade Treaties are Anti-Free Trade - Citizens' Press - 0 views

  • Aug 21, 2015
  • By Immanuel Wallerstein | Source: Toward Freedom (via Znet) | So-called free-trade treaties are about managing the protectionist interests of the various parties to these treaties
Govind Rao

Harper's trans-Pacific trade deal "final nail in Ontario hospitals' coffin," says hospi... - 0 views

  • 08/October/2015
  • Toronto, ON – Bowing to pressure from the United States (U.S.), “the Harper Conservative government has negotiated a damaging trade deal that gives patent protection to big pharmaceutical companies, while delaying access to lower cost generic drugs for ill patients who need them to stay alive. Life – saving medicines should not be a trade commodity, that only some can afford,” says Michael Hurley, president of the Ontario Council of Hospital Unions (OCHU).Access to medicines is one of the key provisions of the Trans-Pacific Partnership (TPP) trade deal negotiated between Canada, the U.S. and ten other Pacific Rim countries. The TPP is the latest in a succession of trade deals that have limited access to medications by driving up drug prices. According to Doctors Without Borders/Médecins Sans Frontières, the deals are a contributing factor to drug costs tripling in the U.S. since 1987.
Govind Rao

Free-trade deals must be scrutinized; A blow, finally, to free trade, June 19 Trade pac... - 0 views

  • Toronto Star Wed Jun 24 2015
  • Trade pact coming, despite opposition, June 19 David Olive's championing of the Trans-Pacific Partnership is wrong-headed. To suggest that state authority in developing countries should give way to corporate power, he is doubling down on the proven dysfunction of such corporate hegemony, in terms of income inequality, and the impact on workers and the environment. Saying that Canada has really done fine so far as a result of free trade is also a blinkered view of reality. Even measured in that narrowest of methods, GDP, we have not done as well in the last 20 years as we did in the "protectionist" era of the 1950s through '70s. And when you look at distribution of this GDP, middle class families have not benefited at all. John Simke, Toronto
Govind Rao

TTIP: European commission faces huge scepticism towards free trade deal | World news | ... - 0 views

  • Officials are surprised after receiving 150,000 mainly negative responses to Transatlantic Trade and Investment Partnership
  • Press Association The Guardian, Tuesday 13 January 2015
  • Consultation on a controversial trade deal between the EU and the US has revealed huge scepticism, it has been revealed. An unprecedented 150,000 responses were received – over a third from the UK – mainly opposing the Transatlantic Trade and Investment Partnership.
Govind Rao

Secret trade talks threaten public health care | Canadian Union of Public Employees - 0 views

  • Newly-leaked documents reveal secret trade talks could transform health care from a public service to a for-profit commodity. A leaked discussion paper presented to negotiators at the World Trade Organization promotes health “tourism” and privatization. Canada is one of 22 countries at the table negotiating the Trade in Services Agreement (TISA), along with the European Union.
Govind Rao

Drug prices expected to jump as result of trade deal - Infomart - 0 views

  • The Globe and Mail Mon Dec 7 2015
  • The intellectual-property provisions in the Trans-Pacific Partnership agreement will drive up global drug prices and make it harder to treat diseases in developing countries, Medecins sans Frontieres (Doctors Without Borders) says. A month after the final text of the TPP was released, the medical humanitarian organization has completed its analysis of the portions of the massive trade pact that will affect drug costs.
  • Despite changes from earlier leaked versions of the text, there are still serious problems, Judit Rius, MSF's U.S. legal policy adviser, said. "This is catastrophic. This is very negative. The impact is going to be at multiple levels," Ms. Rius said in an interview. "First of all, it is going to delay access to generic competition [for brand-name drugs], which is a proven intervention to reduce the price of medicines."
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  • Ms. Rius said there were six problem areas - from MSF's perspective - in the early leaked versions of the TPP. Three have been eliminated in the final text, although she said some of those were "absurd" in the first place. Among them was a provision that would have made it illegal to oppose a patent before it was granted and another that would have forced governments to allow surgical techniques to be patented. There are three key remaining problem provisions, according to the MSF analysis. One would allow pharmaceutical companies to "evergreen" their product patents, essentially making small changes to a drug's use to extend its protection from competition. Another would extend patent protection if there are delays in regulatory approval of a new product.
  • For generic drug makers, she said, the TPP will create additional legal barriers that will get in the way of making new products, and that will stunt the industry. The TPP will actually raise drug prices, especially in developing countries, she said, and this "will affect our capacity, and the capacity of the ministries of health with whom we work, to scale up treatment programs and reach as many people as needed."
  • More broadly, allowing greater monopoly protection for brand-name drug makers will diminish innovation at other firms, Ms. Rius said. "If you are trying to develop a pediatric formulation of a product, if you are trying to combine different pills into one pill, ... if you are trying to improve a medicine and create a second generation, all of that technology and knowledge is going to be protected by secondary patents." The final text of the sweeping trade pact, which has been in the works for eight years, was released in early November. Canada is one of 12 countries that have negotiated the pact, although it was the former Conservative government that signed on. Prime Minister Justin Trudeau said his government will wait for parliamentary hearings on the TPP before deciding on ratification. Each country has to ratify the agreement before it comes into effect.
  • A third would allow developers of certain advanced drugs - called biologics - to keep their clinical data private for up to eight years. That would make it much tougher for competitors to create similar drugs, or at least delay that from happening. This "data exclusivity" rule would be new for some of the countries that are part of the TPP group, although Canada already has a similar provision in place. Indeed, many of the provisions of the TPP are already part of the Canadian scene, at least in some form, said trade lawyer Larry Herman, of Herman & Associates in Toronto. The former Conservative government had said the TPP was "in line" with Canada's existing patent laws, and this appears to be true from his read of that part of the text, Mr. Herman said.
  • Still, he said, from a global perspective "there is no doubt that the agreement increases patent protection and enhances the monopoly rights of the patent owner." From the perspective of Canada's generic drug industry, the TPP has to be looked at in conjunction with the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union, said Jim Keon, president of the Canadian Generic Pharmaceutical Association.
  • CETA, which has not yet taken effect, would extend patent protection for drugs and cut into the business of Canadian generic drug makers - thus boosting drug costs - Mr. Keon said. But it also contains some specific protection for the generic industry to mitigate that impact. It is not clear yet whether the TPP will allow those mitigating measures to be implemented in Canada, he said. And because of the immense complexity of the TPP, "you've got all sorts of potential for misinterpretation here," Mr. Keon added.
Govind Rao

Trans-Pacific Partnership isn't about trade - Nanaimo News Bulletin - 0 views

  • Apr 5, 2016
  • The Trans-Pacific Partnership signed by International Trade Minister Chrystia Freeland in February has been called “the biggest trade deal Canadians have never heard of.”
  • Canada has lost 500,000 manufacturing jobs since Jean Chrétien’s NAFTA deal. A Toronto report found that 20 per cent of people in and around that city are now employed in precarious, unstable or part-time jobs. This type of employment has increased by 50 per cent in the past 20 years since NAFTA was signed. In this same period, not a single notable social program has been introduced or expanded.
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  • affordable generic medicines
  • corporate-investor rights agreement, not a trade agreement,”
  • pharmaceutical companies
  • Council of Canadians is presenting three experts to discuss the TPP: veterinary scientist Shiv Chopra, sacked by Health Canada for resisting pressure to approve Monsanto’s bovine growth hormone; filmmaker Paul Manly on investor state resolution (a corporate attack on tax money by suing governments for estimated lost profits); and Brenda Sayers, Hupacasath leader of the legal challenge to the Canada-China trade deal.
Heather Farrow

What If Trade Agreements Helped People, Not Corporations | Common Dreams | Breaking New... - 0 views

  • June 03, 2016
  • byDavid Korten
  • Opposition to the Trans-Pacific Partnership trade agreement has become so widespread that no U.S. presidential candidate currently dares to favor it. European citizens likewise oppose the Transatlantic Trade and Investment Partnership agreement. This opposition presents an opportunity to propose international economic agreements that support efforts to meet the livelihood needs of all people in balanced relationship with a living Earth.
Cheryl Stadnichuk

Surrey Board of Trade Receives Support for a Universal Pharmacare Program for Business ... - 0 views

  • KELOWNA, BC – The Surrey Board of Trade is calling on the provincial government and the federal government economic benefits of universal pharmacare for businesses at the BC Chamber of Commerce Annual General Meeting and Conference, May 29 – 31 in Kelowna. This policy was approved at today’s BC Chamber policy session as a priority to the BC Government. “Drug coverage in Canada is provided through an incomplete patchwork of private and public programs that varies across provinces. This fragmented system reduces access to medicines, diminishes drug purchasing power, duplicates administrative costs, and isolates pharmaceutical management from the management of medical and hospital care. It is needlessly costing Canadian businesses billions of dollars every year,” said Anita Huberman, CEO Surrey Board of Trade.
  • There is a better option. A universal, comprehensive public drug plan that was consistent throughout BC and across Canada would be a wise investment for BC’s economic prosperity. Research has shown that such a plan would reduce employer-sponsored drug costs in Canada by up to $10.2 billion per year – a $570 million annual savings for businesses in British Columbia alone.4 This would boost Canada’s labour market competitiveness.
  • A universal pharmaceutical program would be economically viable not only by taking advantage of the power of a single purchaser, but through the following: Reduction of administration costs for businesses and unions Elimination of the need for tax subsidies to encourage employer funded benefit packages Decreased direct emergency and acute care medical costs due to inappropriate or underuse of drug 28therapies Reduction of other health service costs 28Because of these increased efficiencies, a universal pharmacare program would increase government costs by only $3.4 billion, $2.4 billion of which could be financed by the reduced cost of private drug benefits for public sector employees. The 2015 Angus Reid Institute poll found that most taxpayers would support such a program, even if it required modest increase in taxes.
Heather Farrow

Advisory: Unifor to hold Parallel People's Trade Hearings on the TPP - 0 views

  • TORONTO, May 10, 2016 /CNW/ - Canada's largest union in the private sector will be participating in two rallies this week outside consultations on the Trans-Pacific Partnership trade deal as the federal government's trade committee visits Windsor and Toronto.
Irene Jansen

Canada-EU trade deal doesn't protect public health care < CETA, Health care | CUPE - 0 views

  • The&nbsp;trade and investment deal being negotiated between Canada and the European Union puts public health care services at risk of privatization
  • The CLC analysis shows how the Canadian government has failed to protect public health care services in three main ways: Canada is relying on unclear language in CETA (and NAFTA and the GATS) that may not cover Medicare, given the privatization that has already crept in to areas of public health care Canada has not negotiated a blanket exemption for Medicare in CETA, and CETA gives private European health corporations the power to challenge any expansion of Medicare, or the end of any health care privatization.
  • if CETA is signed, NAFTA provisions will mean that American corporations will be entitled to the same powers and benefits as European corporations. This effectively ends the&nbsp; minimal protections for public health care negotiated under NAFTA.
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  • Read the CLC backgrounder &nbsp;
Irene Jansen

The Proposed EU-Canada Trade Agreement Raises Health Concerns in Both Canada and Europe... - 0 views

  • The European Union (EU) and Canada are currently negotiating a new Comprehensive Economic and Trade Agreement (CETA) (European Commission 2011). In early 2010, the negotiating text was leaked and posted to the Trade Justice Network website, raising a variety of red flags for European member states. The draft agreement, described as more far-reaching and ambitious than any of either party’s previous free trade agreements, has already raised concerns in Canada. These focus on the extension of government procurement commitments to include local services (Sinclair 2010), the potential addition of investment protections (Sinclair 2011), and how EU demands in the field of intellectual pr
Govind Rao

Trade deal may add $1.65B to drug bill: study - 0 views

  • Trade deal may add $1.65B to drug bill: study
  • OTTAWA - The recently announced free-trade deal with Europe will likely cost Canadians hundreds of millions of dollars more for prescription drugs, says a new analysis. The report, by two York University professors, says concessions by the federal government to cement the deal will delay the arrival cheap generic drugs by about a year, on average. And the delay will add between $850 million and $1.65 billion — or up to 13 per cent — to the total drug bill paid annually by Canadians, either directly, through insurance plans or by provinces.
  • The researchers are also skeptical of claims by brand-name manufacturers that extended patent life will be an incentive to the industry to invest more in Canada. "There is no incentive for them to invest more in Canada," said Marc-Andre Gagnon, one of the authors. "The question is: Are we getting bang for the buck? And the answer is No." The report warns that all Canadians will likely wind up paying more in taxes, or higher premiums for private drug plans — and Canadians who can least afford it will bear the biggest burden.
Govind Rao

Trade pact could affect health costs, privacy - Infomart - 0 views

  • Toronto Star Sat Jul 18 2015
  • The Trans-Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their "best offers" in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to long-standing agricultural market safeguards.
  • With a national election a few months away, the prospect of overhauling some of Canada's biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply-management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.
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  • While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens. First, a recently leaked version of the intellectual property chapter revealed that Canada would have to make significant changes to its copyright and patent rules. The TPP requires Canada to extend the term of copyright to life of the author plus an additional 70 years. The law is currently set at life of the author plus 50 years, which meets the international standard found in the Berne Convention.
  • The extension in the term of copyright, which has generated fear in other TPP countries such as Japan, New Zealand and Malaysia, would mean that no new works would enter the public domain in Canada for decades. The result would be higher costs for both consumers and educational institutions, with most of the additional royalties flowing out of the country. The deal reportedly also penalizes Canada for its "notice-and-notice" system for claims of infringement on the Internet. The system has been in effect since the start of the year and has been credited with significantly reducing Canadian piracy rates. The Canadian approach differs from that found in the U.S., however, leading to additional demands that Canada establish enforcement provisions targeting Internet providers and search engines.
  • The patent provisions in the TPP have sparked concern from health and access-to-medicines groups around the world. With requirements that would delay entry of generic pharmaceuticals into the market, the TPP threatens to create huge additional health-care costs. In fact, the agreement would also expand the right of pharmaceutical companies to sue governments over national laws, creating the prospect of more lawsuits similar to the $500-million lawsuit launched by pharmaceutical giant Eli Lilly against the government of Canada. With the media focus on agriculture, the TPP's implications for privacy have also been largely overlooked. Provinces such as British Columbia and Nova Scotia have enacted privacy safeguards in recent years that are designed to keep Canadian data in Canada. These rules have become particularly important in the aftermath of the Edward Snowden surveillance revelations, since the transmission and hosting of personal information outside the country raises genuine privacy concerns.
  • Yet the TPP views such privacy protections as trade barriers and seeks to establish new limits on the ability of countries to restrict the free flow of information across national borders. New rules related to copyright, patents, privacy and investor lawsuits have serious implications for the rights of Canadians, as well as for consumer, health care and education costs. With the TPP in the final stages, Canadians deserve better than canned responses from political parties and a debate limited to the impact of the deal on the agricultural sector. Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can be reached at mgeist@uottawa.ca or online at michaelgeist.ca.
Govind Rao

Where does the NDP stand on CETA? | The Council of Canadians - 0 views

  • October 10, 2015
  • On October 9, the NDP released its full party platform. On the issue of 'free trade', or specifically for us the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), the platform only says, "The NDP will also set a new standard for open, transparent trade negotiations, which will ensure that we always get the best trade agreements possible for Canadians."
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