Tobacco Industry Expropriates Tobacco Industry Expropriates Intellectual Property RulesIntellectual Property Rules

Ellen R. Shaffer, PhD MPHEllen R. Shaffer, PhD MPHJoseph Brenner, MAJoseph Brenner, MA

CPATHCPATH Center for Policy Analysis on Trade and Center for Policy Analysis on Trade and

HealthHealth

Trans Pacific Partnership Trans Pacific Partnership Jan. 30, 2012Jan. 30, 2012

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CPATH MissionCPATH Mission

Research, analysis and advocacy Research, analysis and advocacy to advance global economic policies to advance global economic policies that improve and protect public that improve and protect public

healthhealth

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Tobacco Industry Expropriates IP

Tobacco is a deadly productCountries are enacting increasingly strong and effective tobacco control policies that are proven to reduce tobacco use.Industry is contesting these measures as violationsTo reduce worldwide tobacco consumption, tobacco must be carved out from all protections afforded under the TPP.– AAFP, AAP, ACPM, ASAM, CPATH to Congress,

12/11

Tobacco Industry Expropriating IP Rules

Industry on the Run

Countries limiting advertising on packaging

Graphic warning labels: Uruguay, US

Plain packaging: Australia

Ban on point-of-sale displays: Norway, Ireland

CPATH On Tobacco and Trade

Shaffer, ER, JE Brenner and TPHouston. International trade agreements: a threat to tobacco control policy. Tobacco Control 2005;14;19-25.

Shaffer, ER, H Waitzkin, J Brenner, R Jasso-Aguilar. Global Trade and Public Health. American Journal of Public Health. January, 2005

Global Concerns - TobaccoTobacco Consumption fast becoming the leading preventable cause of illness and mortalityAnnual death toll worldwide: 5.2 millionU.S. – tobacco use still kills more than 400,000 people each year

Use of Tobacco Products:Chile - 29% of populationSingapore – 15% of population, up from 12.6%Vietnam – 18% of population, down from 25%

Teen Smoking: U.S.

“About 30% of youth smokers will continue smoking and die early from a smoking-related disease.”

“People who start smoking before the age of 21 have the hardest time quitting.”

“Teen smokers are more likely to use alcohol and illegal drugs”

-Centers for Disease Control & Prevention

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Framework Convention on Tobacco Control

“to protect present and future generations from the devastating health, social, environmental and

economic consequences of tobacco consumption and exposure to tobacco smoke”

• Established minimum standards in the areas of

• tobacco demand reduction • passive smoking• packaging and labeling• health awareness• advertising• sale to minors• smuggling, etc.

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Canadian Cigarette Label

Weak Cases Delay Implementation

Trademarks protect companies from use of their brand by competitors

They do not confer unlimited rights to advertise lethal products

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Australia

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Tobacco Control in Uruguay

Tabaré Vázquez, MD (2005-2010)

2009 Uruguayan Tobacco Control Measures

(1)Increase health messaging on the bottom portion of cigarette packages from 50% to 80%, (2)Mandate the placement of one of six selected health images on packages. (3)Prohibit the use of “brand families” in which the same brand name is used across various across product lines (e.g., Malboro Red, Malboro Green, Malboro Gold, etc).

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Opposition from Big Tobacco

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Opposition from Big Tobacco

How can a corporation file suit against a country?

At stake: the ability of sovereign states to safeguard the health of their own citizens.

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Trade AgreementsBilateral Multilateral (e.g., NAFTA)International (e.g., TRIPS) Company

ACompany

APhilip MorrisPhilip Morris

Investor-State EspousalExpropriation

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Taking Action: San Francisco

Trans-Pacific Partnership

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Reps. Lewis, Ways and Means Members: For Public Health in TPP

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CPATH on CAFTA and Access to Medicines in Guatemala

Shaffer, ER and JE Brenner. A trade agreement’s impact on access to generic drugs. Health Affairs, Web Exclusive. Aug. 25, 2009. w957-w967.

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Trade Advisory Committees 2005:Trade Advisory Committees 2005:

Business: 42Business: 42 Public Health: 0 Public Health: 0PharmaPharma 2020 Public HealthPublic Health 00

TobaccoTobacco 77 Public HealthPublic Health 00

AlcoholAlcohol 66 Public HealthPublic Health 00

FoodFood 55 Public HealthPublic Health 00

Health InsuranceHealth Insurance 44 Public HealthPublic Health 00

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Public Health Objectives for Global TradePublic Health Objectives for Global Trade

1.1. To assure democratic participation by To assure democratic participation by public health and transparency in trade public health and transparency in trade policypolicy

2.2. To develop mutually beneficial trade To develop mutually beneficial trade relationships that create sustainable relationships that create sustainable economic developmenteconomic development

3.3. To recognize the legitimate exercise of To recognize the legitimate exercise of national, regional and local government national, regional and local government sovereignty to protect population healthsovereignty to protect population health

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Public Health Objectives for Global TradePublic Health Objectives for Global Trade

4.4. To exclude tariff and nontariff provisions in To exclude tariff and nontariff provisions in trade agreements that address vital human trade agreements that address vital human servicesservices

5.5. To exclude tobacco and tobacco productsTo exclude tobacco and tobacco products6.6. To exclude alcohol productsTo exclude alcohol products 7.7. To eliminate intellectual property provisions To eliminate intellectual property provisions

related to pharmaceuticals from bilateral related to pharmaceuticals from bilateral and regional negotiations… and promote and regional negotiations… and promote trade provisions which enable countries to trade provisions which enable countries to exercise all flexibilities provided by the exercise all flexibilities provided by the Doha Declaration on Public HealthDoha Declaration on Public Health

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CPATHCPATH

Center for Policy Analysis on Trade Center for Policy Analysis on Trade and Health and Health

Joseph BrennerJoseph BrennerEllen R. ShafferEllen R. Shafferwww.cpath.orgwww.cpath.org

ershaffer@cpath.orgershaffer@cpath.org

Phone: 415-922-6204Phone: 415-922-6204Fax: 415-885-4091Fax: 415-885-4091