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handle is hein.crs/goveflz0001 and id is 1 raw text is: Congressional
RgResearch Service
informing the Iegislative debate since 1914___________________

Breakthrough on a Potential COVID-19
Intellectual Property Rights Waiver
March 25, 2022
On March 15, 2022, the United States, the European Union (EU), India, and South Africa reached
agreement on a proposed TRIPS patent waiver for Coronavirus Disease 2019 (COVID-19) vaccines.
The Director-General (DG) of the World Trade Organization (WTO) welcomed the compromise among
key players in the debate as a major step forward, but stressed the need to finalize details. The broader
WTO membership is expected to discuss the proposed agreement as WTO decisions generally are by
consensus. These developments present issues for Congress including regarding the congressional role,
COVID-19 medical incentives and global vaccine access, and U.S. trade policy in advancing intellectual
property rights (IPR).
What is TRIPS?
WTO     Discussions                              The 1995 World Trade Organization (WTO)  reement on
Propelling the TRIPS waiver discussions were           contains obligations for WTO members to protect
India and South Africa's October 2020 proposal-  patents and otherintelectual proper rights (PR). TRIPS
and revised proposal, supported by many low- and  also includes flexibilities, such as provisions for compulsory
middle-income countries-for broader IPR           Iicenses (Cs) of pharmaceutical patents under certain
waivers covering COVID-19-related vaccines,      conditions, and exemptions-which waivers have extended
until 2033-for least-developed members from
therapeutics, diagnostics, and other health      pharmaceutical patent obligations. Uneven global access to
products and technologies. In May 2021, the      COVID-19 vaccines and treatments di tribution have
Biden Administration supported the concept of an  renewed debates over TRIPS' balance in supporting
IPR waiver for COVID-19 vaccines; Members of     innovation and access to medicines.
Congress have supported and opposed the

Administration's position. Some WTO members remained skeptical-the EU described existing TRIPS
flexibilities as sufficient and proposed facilitating their greater use.
The breakthrough arose from high-level talks, facilitated by the DG, among the United States, the EU,
India, and South Africa, increasing prospects for convergence. Other members generally supported these
efforts, but called for greater transparency.
Congressional Research Service
https://crsreports.congress.gov
IN11901

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