About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (May 7, 2021)

handle is hein.crs/govedfy0001 and id is 1 raw text is: SCongressional * Research Service The Biden Administration Announces its Support for a WTO TRIPS Waiver May 7, 2021 On May 5, 2021, the Biden Administration announced its support for a waiver of intellectual property rights (IPR) obligations in the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-19 vaccines. This is a significant development, given U. S. leadership historically in advancing stronger IPR protections and enforcement globally. The COVID-19 pandemic has spurred pharmaceutical and biotechnology companies to undertake intensive, costly, and risky research and development (R&D) to create new vaccines and other products to respond to COVID-19. Certain stakeholders have expressed concerns over the impact of IPR on access to these treatments and technologies. The potential waiver was first proposed by India and South Africa in October 2020. Subsequent discussion of it in the WTO has attracted support from low- and middle- income countries (LMICs) seeking greater access to vaccines and related products, but has prompted skepticism largely from high-income countries, reflecting pharmaceutical industry and other concerns about the impact on incentives to innovate, and on quality and safety. The debate has intensified amid the recent surge in COVID-19 in certain regions. Meanwhile, India and South Africa plan to amend their waiver proposal to seek greater support. Whether other high-income countries also change their position on the waiver remains to be seen; Germany, for instance, has criticized the U.S. decision. WTO activity on the proposed waiver may enter text-based negotiations, perhaps including discussion of other issues such as technology transfer. Anumber of Members of Congress have issued statements in support and opposition to the waiver proposal in the months leading up to and following the Biden Administration's announcement, and are likely to continue to weigh in on the matter. Background The India/South Africa proposal would waive TRIPS obligations with respect to copyrights, patents, industrial designs, and undisclosed data (e.g., clinical testing data and trade secrets) for the prevention, containment, and treatment of COVID-19 until widespread vaccination exists. Suspending these rights would allow countries to authorize generic producers to manufacture COVID-19 vaccines, therapeutics, testing, and other items, notwithstanding IPR, likely without violating core WTO obligations. Congressional Research Service https://crsreports.congress.gov IN11662 CRS INSIGHT Prepared for Membersand Committeesof Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most