East Idaho Times

U.S. Senate Finance Committee Ranking Member Mike Crapo (R-Idaho) and Finance Committee Members Chris Coons (D-Delaware), Tom Carper (D-Delaware), and Thom Tillis (R-North Carolina) have written a letter to President Biden, urging him to reject the proposal before the World Trade Organization (WTO) that would waive intellectual property (IP) protections for COVID-19 diagnostics and therapeutics. The lawmakers argue that waiving these protections could have unintended consequences for the development of new treatments for dangerous diseases, while doing little to improve access to medicine.

According to the lawmakers, the previous WTO agreement to waive certain IP protections for COVID-19 vaccines had minimal impact, as no countries have utilized the waiver. They point out that U.S. companies have already provided free access to COVID-19 vaccines, therapeutics, and diagnostics through donations and voluntary licensing partnerships, resulting in a surplus of supply globally. The lawmakers reference a recent report by the U.S. International Trade Commission (USITC), which states that the current manufacturing levels far exceed the global demand for COVID-19 treatments. They argue that with these factors in mind, there is little validity in continuing to pressure for the waiver of IP rights for these products.

The lawmakers express concern that waiving the rules meant to incentivize the discovery and production of life-saving medicines would cause investors and innovators to shift their efforts elsewhere. They believe that this would have the perverse effect of diminishing the development of new treatments for dangerous diseases. Moreover, they argue that allowing foreign competitors to disregard IP protections for made-in-the-USA biomedical technologies would undermine U.S. businesses and the efforts of the workers who brought those technologies to market. They emphasize that the economic strength of the United States is built upon robust IP protection, and eroding this foundation would weaken global competitiveness.

The lawmakers conclude that it is clear that IP protection is not a constraint on access to COVID-19 diagnostics and therapeutics for people in lower-income countries. They argue that an expanded TRIPS waiver will not solve broader health system challenges. Instead, they highlight that the United States invests over $12 billion every year in developing public health systems globally and has additionally invested $10.5 billion specifically for the global response to COVID-19. They affirm their commitment in Congress to continue U.S. leadership in providing tools and resources to effectively address barriers that constrain global access to life-saving medicines.

The letter is also signed by Senators John Barrasso (R-Wyoming), Marsha Blackburn (R-Tennessee), John Cornyn (R-Texas), James Lankford (R-Oklahoma), Tim Scott (R-South Carolina), Maria Cantwell (D-Washington), Mazie Hirono (D-Hawaii), Jon Tester (D-Montana), Mark Warner (D-Virginia), and Kyrsten Sinema (I-Arizona).

In summary, the lawmakers are urging President Biden to reject the proposal to waive intellectual property protections for COVID-19 diagnostics and therapeutics. They argue that the previous waiver had minimal impact, with U.S. companies already providing free access to these products. They believe that waiving IP protections would discourage investment and innovation in life-saving medicines and undermine the competitiveness of U.S. businesses. The lawmakers emphasize the ongoing U.S. commitment to investing in global public health systems and providing resources to address barriers to access to life-saving medicines.