The Pirate Party denounces any attempts to include certification provisions in the highly secretive Trans-Pacific Partnership Agreement (TPP). The United States, one of twelve negotiating nations including Australia, may be given the power to opt-out of the Agreement if countries do not implement the TPP according to the standards of the United States Trade Representative. This has been used by the United States to pressure other countries into adopting its interpretation of trade agreements.
These provisions give an inordinate amount of leverage to the US Government to pressure treaty partners, such as Australia, to alter and adopt laws that go beyond the negotiated text of the treaty. In practice this could result in a situation where the US Government and its advisors are approving, or even drafting, Australian laws to ensure they comply with the interests and expectations of the United States.
Brendan Molloy, President of the Pirate Party, commented: “This is an egregious overreach. I daresay that any Australian government that signs such an unbalanced agreement, which puts such an unequal share of power in the hands of a foreign entity, is guilty of betraying the interests of the Australian people. A partnership where all parties do not have equal power is not a partnership. By signing such a fundamentally unbalanced agreement, Australia would be granting the US significant control of our sovereignty, making us effectively a vassal of the United States.
MELBOURNE — At 6:30 pm today, Pirates of all persuasions will descend upon Federation Square to engage in a swashbuckling pillow fight. Money raised by the event, organised by Pirate Party Australia, will go toward the charity Childhood Cancer Support. The charity’s website can be found here: http://ccs.org.au
“Despite perceptions of parrots, swords and eye-patches, when Pirate Party Australia talks like a pirate it usually means discussing copyright and patent reform, and other policy areas,” said Pirate Party Deputy President Melanie Thomas. “While it’s not always fun and games, we are more than happy to have a bit of fun for a good cause!”
By hosting a pillow fight on Talk Like a Pirate Day, Pirate Party Australia is hoping to draw attention to the need to better enable research opportunities in the field of health and pharmaceuticals. The Party is agitating for reform of patent laws to assist medical research across a range of illnesses, including cancer, and enabling cheaper access to medication and treatment. It is an unfortunate effect of drug patents that they shut down free market competition which might otherwise drive improved manufacturing and delivery techniques.
Just a quick episode this week as Sam runs through the news on the BRCA1 Patent case. Subscribe to the feed, or view past episodes.
Pirate Party Australia’s Press Release
Techdirt story on Australian patent case
Podcast (webcast): Play in new window | Download (Duration: 11:11 — 12.0MB)
Pirate Party Australia is outraged that a legal challenge to the BRCA1 gene patent has failed.
“This ruling is a slap in the face for all of those who will suffer or know somebody who will suffer from breast cancer within their lifetime. It is utterly disgraceful that we live in a nation where private companies can own the genetic material within our bodies,” said Brendan Molloy, Secretary of Pirate Party Australia.
More than two years ago, Pirate Party Australia issued a statement welcoming the legal challenge, with the hope that the case would be a catalyst for laws to expressly forbid patents on genetic materials.
By permitting a patent on BRCA1, discoveries are now effectively given the same protections as inventions. The effect this will have on adequately treating cancer sufferers is abysmal, and also opens the door for hampering future research as private companies secure patents and charge extortionate license fees.
Stakeholders at a briefing held by the Department of Foreign Affairs and Trade (DFAT) last Friday were told that the upcoming regional agreement, Trans-Pacific Partnership Agreement (TPP), would contain some intellectual property provisions similar to the Anti-Counterfeiting Trade Agreement (ACTA).
ACTA was rejected by the European Union earlier this year, and the Joint Standing Committee on Treaties (JSCOT) has recommended against ratification until stringent criteria are met, including a cost-benefit analysis. Pirate Party Australia made multiple submissions to JSCOT regarding ACTA.
The TPP will contain an intellectual property chapter cobbled together from various other free trade agreements and treaties, including the Australia-United States Free Trade Agreement (AUSFTA), representatives of DFAT indicated when questioned. This is in direct contradiction to a 2010 recommendation by the Productivity Commission to seek to exclude intellectual property provisions from future bilateral and regional trade agreements (BRTAs), after AUSFTA introduced a net loss to the Australian economy.
“It is of great concern that we may see the reintroduction of ACTA-like provisions in the Trans-Pacific Partnership Agreement, which has been resoundly binned as a poorly formed agreement, starting with the EU rejecting it and continuing with JSCOT’s scathing review,” said Brendan Molloy, Secretary of Pirate Party Australia.