The text of the long-awaited Trans-Pacific Partnership was finally released this week, giving voters a chance to see what the Australian government has been negotiating on their behalf for more than five years. Trade Minister Andrew Robb has rejected early criticisms of the deal. Credit:Andrew Meares The historic trade pact between 12 countries in the Pacific region — including Australia, New Zealand, the United States, and Japan — collectively represents 40 per cent of GDP and is the biggest trade deal in more than 20 years. But intellectual property experts, academics and environmental groups have criticised the deal, saying it could expose Australian governments to billion-dollar battles in international courts for impinging on the rights of foreign companies with investments in Australia. Public health experts have warned the provisions for innovative biologic medicines are "worryingly ambiguous and unclear," paving the way for more pressure from the US to keep affordable medicines off the market for longer.

They say the deal could make some drugs more expensive by making it possible for pharmaceutical giants to delay handing over clinical trial data to generic drug manufacturers. Critics say the TPP could expose Australia to billion-dollar battles in international courts. "Our concern is that there are still probably some loopholes in it," the chief executive of the Public Health Association of Australia, Michael Moore, said. Kimberlee Weatherall, from Sydney University's Law School, has criticised a provision in the agreement that gives foreign companies the right to sue Australian governments for introducing laws they say have harmed their interests.

She has also questioned the adequacy of the "carve-outs" Mr Robb says he won that will make it difficult for foreign companies to sue under certain circumstances using an investor-state dispute settlement provision in the agreement. But a special counsel with law firm Minter Ellison, Christopher Keane, said modern investor-state dispute settlement clauses were "highly sophisticated" and some of the criticisms of the provision had been over the top. "There is a carve-out which will expressly exclude tobacco companies from bringing claims such as the one Philip Morris has initiated [against the federal government]," Mr Keane said. "One can only hope that opponents in the Commonwealth Parliament, media and academia take a more balanced approach to this issue. It does concern me that the Coalition government has, to date, been rather timid in its response to the robust opposition to the ISDS provisions in the TPP." Mr Robb slammed critics of the deal on Friday, saying they were doing themselves a disservice by criticising the text so quickly.

"Within 20 minutes [of the release] there were predictable people ringing media outlets giving so-called expert opinions," he told ABC radio. "They don't do themselves any sort of justice by jumping at shadows and peddling lines they've been peddling for years without looking at what's been negotiated." But Mr Moore, from the Public Health Association of Australia, said there was particular concern about the new wave of expensive biologic drugs, which use human cells and tissue, and are used to treat a range of conditions, including rheumatoid arthritis and cancers. Under the TPP, drug manufacturers will be given a five-year protection on the data from their drug trials – the same as under Australian law. Pharmaceutical giants had pushed for that period to be extended to eight years.

"On the face of it, it appears Andrew Robb has been able to maintain that five-year period," Mr Moore said. "Although it does also appear that there are some administrative provisions that may well mean it goes out to eight years." Drug companies could lobby the government to hold up their data for administrative reasons, taking it longer for generic drugs to come to market, Mr Moore said. Mr Robb said Parliament would have 20 sitting days to consider the legislation. Follow us on Twitter