Tobacco Industry Expropriates Intellectual Property Rules Ellen R. Shaffer, PhD MPH Joseph Brenner, MA CPATH Center for Policy Analysis on Trade and Health Trans Pacific Partnership Jan. 30, 2012

1/30/12TPP2 CPATH 2 CPATH Mission Research, analysis and advocacy Research, analysis and advocacy to advance global economic policies to advance global economic policies that improve and protect public health that improve and protect public health

1/30/12TPP3 Tobacco Industry Expropriates IP Tobacco is a deadly product Countries are enacting increasingly strong and effective tobacco control policies that are proven to reduce tobacco use. Industry is contesting these measures as violations To 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; Shaffer, ER, H Waitzkin, J Brenner, R Jasso-Aguilar. Global Trade and Public Health. American Journal of Public Health. January, 2005

Global Concerns - Tobacco Tobacco Consumption fast becoming the leading preventable cause of illness and mortality Annual death toll worldwide: 5.2 million U.S. – tobacco use still kills more than 400,000 people each year Use of Tobacco Products: Chile - 29% of population Singapore – 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.

1/30/12TPP12 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

1/30/12TPP14 Australia

1/30/12TPP15 Tobacco Control in Uruguay José Mujica (2010-) Tabaré Vázquez, MD ( ) 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).

1/30/12TPP16 Opposition from Big Tobacco

1/30/12TPP17 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.

1/30/12TPP18 Trade Agreements Bilateral Multilateral (e.g., NAFTA) International (e.g., TRIPS) Company A Philip Morris Investor-State Espousal Expropriation

1/30/12TPP19 Taking Action: San Francisco Trans-Pacific Partnership

1/30/12TPP20 Reps. Lewis, Ways and Means Members: For Public Health in TPP

1/30/12TPP21 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, w957-w967.

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1/30/12TPP23TPP CPATH 23 Trade Advisory Committees 2005: Business: 42 Public Health: 0 Pharma20 Public Health Public Health0 Tobacco7 0 Alcohol6 0 Food5 0 Health Insurance 4 Public Health Public Health0

1/30/12TPP24TPP CPATH 24 Public Health Objectives for Global Trade 1. To assure democratic participation by public health and transparency in trade policy 2. To develop mutually beneficial trade relationships that create sustainable economic development 3. To recognize the legitimate exercise of national, regional and local government sovereignty to protect population health

1/30/12TPP25TPP CPATH 25 Public Health Objectives for Global Trade 4. To exclude tariff and nontariff provisions in trade agreements that address vital human services 5. To exclude tobacco and tobacco products 6. To exclude alcohol products 7. To eliminate intellectual property provisions related to pharmaceuticals from bilateral and regional negotiations… and promote trade provisions which enable countries to exercise all flexibilities provided by the Doha Declaration on Public Health

1/30/12TPP26TPP CPATH 26 CPATH Center for Policy Analysis on Trade and Health Joseph Brenner Ellen R. Shaffer Phone: Fax: