[CTC] Sen. Hatch Stands Firm on Biologics

[Arthur Stamoulis]

Washington Trade Daily
Volume 25, Number 79 Wednesday, April 20, 2016
 
Sen. Hatch Stands Firm on Biologics
 
The Administration knows it will not get the TransPacific Partnership passed without his support
– and that requires a 12-year data protection period for biologics, instead of the five years promised in the
agreement, Senate Finance Committee Chairman Orrin Hatch (R-Utah) told WTD yesterday (WTD,
4/19/16).
 
“They know they can’t pass it without me,” the chairman said. “In fact, they may not be able to
pass it with me – you never know.”
 
The senator was quick to add that he believes the Administration and Congress “have to” get
TPP approved or else risk losing access to the fast-growing Asia-Pacific market. But before that can
happen, the biologics issue must be fixed.
 
Sen. Hatch said he was expecting to meet with US Trade Representative Michael Froman to
discuss the biologics issue yesterday. Their previous meeting was “somewhat productive,” Sen. Hatch
said. But there has not been a specific proposal on biologics from the Administration.
 
Some TPP countries have said they would be willing to provide greater clarity on how biologics
producers would be able to obtain the additional three years of protection mentioned in the TPP. That
would take the total period up to eight years. But Sen. Hatch said eight years is not enough. “That’s a
non-starter as far as I’m concerned.”
 
Sen. Hatch said he will never understand why the Administration did not hold firm for 12 years
– current US law – in the TPP negotiations, especially knowing his position on the issue. “He knew it
wasn’t going to fly,” he said of USTR Froman. “Why he let Australia bully him, I’ll never understand.”
 
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