TPP Text Confirms Drug Pricing Annex Not Enforceable, Allows Internal Review

摘要

The Trans-Pacific Partnership (TPP) text released on Nov. 5 confirms that the annex establishing rules for decisions by government bodies on reimbursements for drugs and medical devices will not be subject to dispute settlement, and allows parties the option to create an internal review of such decisions instead of an independent panel. These two aspects differ from similar annexes in U.S. free trade agreements with South Korea and Australia, which were subject to dispute settlement and specified that there must be an independent review process.