Proposals with the potential to impact significantly on Australia's Pharmaceuticals Benefits Scheme include a requirement that patents be available for new uses of existing drugs, effectively allowing ''evergreening'' of existing patents; compensation to companies for delays in the grant or extension of patents; and measures to ensure data exclusivity to allow companies to prevent competitors, specifically manufacturers of generic medicines, from using past clinical safety and efficacy data to support approval of new products.

Prime Minister Tony Abbott has indicated he is keen to see the trade talks pushed to a successful conclusion next month, saying that ''there's always horse-trading in these negotiations, but in the end … everyone is better off''.

Intellectual property law expert Matthew Rimmer said the draft was ''very prescriptive'' and strongly reflected US trade objectives and multinational corporate interests ''with little focus on the rights and interests of consumers, let alone broader community interests''. ''One could see the TPP as a Christmas wish list for major corporations; and the copyright parts of the text support such a view,'' Dr Rimmer said. ''Hollywood, the music industry, big IT companies such as Microsoft, the pharmaceutical sector would all be very happy with this.''

The Department of Foreign Affairs and Trade recently excluded journalists from TPP industry briefings held in anticipation of the next round of negotiations that begins in Salt Lake City, Utah, next week.

Dr Rimmer noted Australia appeared ''generally supportive'' of the US or otherwise ''quite passive'' in the negotiations. The leaked draft shows the US and Japan oppose wording, supported by most other countries, that highlights the importance of ''maintain[ing] a balance between the rights of intellectual property holders and the legitimate interests of users and the community''.