Jakarta, May 9th 2023
Mr. Valdis Dombrovkis Executive Vice-President European Commission
Rue de la Loi / Wetstraat 200 1049 Brussels
Email: cab-dombrovskis-contact@ec.europa.eu
Dear Commissioner,
Re: Drop TRIPS-plus provisions from Indonesia-EU CEPA
We the undersigned civil society from Indonesia are writing in advance of the next round of Indonesia-European Union Comprehensive Economic Partnership Agreement (CEPA) to call on the European Commission to drop all its TRIPS-plus (i.e. beyond the requirements of the TRIPS Agreement) demands from the Indonesia-EU Comprehensive Economic Partnership Agreement (CEPA).
In 2021, more than 90 civil society organizations (CSO) from all over the world wrote to you (see the attached letter) raising concerns about EU’s proposals on intellectual property (IP)1 in CEPA that inter alia include: limiting of parallel importation to national or regional exhaustion of rights; patent term extension for medicines for delays in marketing approval, with further extension for paediatrics; data and market exclusivity requirements including for new uses of older medicines; extensive requirements on IP enforcement (such as application of border measures to all IP).
We reiterate these concerns and stress that by pursuing these and other TRIPS-plus proposals, the EU is undermining the use of policy space and flexibilities provided by the TRIPS Agreement and reaffirmed in the Doha Declaration on TRIPS and public health with detrimental effects on public health in Indonesia.
As highlighted in the attached letter, TRIPS-plus proposals are denounced by human rights experts for their impact on access to affordable treatment. The Commission should also heed calls of the European Parliament (EP) that has also repeatedly urged the Commission to reject IP proposals that adversely impact access to medicines in trade negotiations.
We thus strongly urge the Commission to withdraw all TRIPS-plus provisions including those mentioned in this letter and to ensure that the CEPA does not include any provisions that hinders access to affordable pharmaceutical products in Indonesia.
Signatories
Indonesia for Global Justice Indonesia
AIDS Coalition Farmasi dan Kesehatan Reformasi
The Prakarsa
Yayasan Anak Bangsa Merajut Merajut Harapan (Angsa Merah Foundation)
Yayasan KARISMA (Karitas Sani Madani)
Yayasan Hipertensi Paru Indonesia (YHPI)/ Pulmonary Hypertension Association Indonesia
- https://circabc.europa.eu/ui/group/09242a36-a438-40fd-a7af-fe32e36cbd0e/library/c780d397-feb5-4263- 8760-d14384d87456/details