WASHINGTON – Congressman Vern Buchanan, Vice Chairman of the House Ways and Means Committee announced today that he led a letter with nearly 20 committee Republicans calling on President Biden to reject a proposal being considered by the World Trade Organization (WTO) this week that would waive intellectual property (IP) protections for COVID-19 diagnostics and therapeutics.
Buchanan and the group warned that waiving protections afforded by the WTO Agreement on Trade-Related Aspects of IP Rights (TRIPS) would have severe negative consequences for domestic manufacturing and the development of new treatments.
The letter also notes that such a waiver would serve as a massive giveaway to countries like China, Russia and India who have the most to gain from this coercive effort to steal American intellectual property.
“I’m pleased to lead this letter with my colleagues urging the Biden administration to reject this ill-advised and dangerous proposal,” said Congressman Buchanan. “Waiving critical IP protections will discourage innovation, make it more difficult to achieve the next life-saving medical breakthrough and serve as a massive giveaway to counties like China who have been stealing our IP for years.”
In addition to being Vice Chairman of the House Ways and Means Committee, Buchanan is Chairman of the Health Subcommittee and serves on the Trade Subcommittee.
You can read the full letter HERE or below:
February 23, 2024
Dear President Biden,
We are pleased that U.S. leadership helped save lives during the global pandemic and helped bring the pandemic to an end. Successful public-private partnerships fostered the development and manufacturing of critical vaccines and treatments in record time, saving countless lives worldwide. We appreciate your willingness to work with other nations and institutions to facilitate the distribution of COVID-19 vaccines and treatments, particularly in the developing world. We write to you now with great concern that your Administration has not yet taken a stand to oppose continued efforts by certain World Trade Organization (WTO) members to take advantage of the tireless work and efforts of American innovators and undermine U.S. leadership in future pandemics.
Our understanding is that India, South Africa, and several other WTO members continue to push for an agreement to waive certain intellectual property (IP) protections afforded by the WTO Agreement on Trade-Related Aspects of IP Rights (TRIPS) related to COVID-19 diagnostics and therapeutics. We are firmly opposed to any such waiver because it would undermine U.S. innovation and make zero contribution to addressing the COVID-19 pandemic, which is purportedly the purpose of a waiver. Furthermore, it is clear to us that one of the primary beneficiaries of any waiver would be China, because the Chinese Communist Party (CCP) has prioritized advancing its own biopharmaceutical sector and frequently has attempted to steal and duplicate American technological inventions to do so. The CCP’s blatant disregard for American workers and innovators is incredibly concerning for those who wish to preserve democracy and human rights abroad. As we continue to work on a bipartisan basis in the House of Representatives to push back on the CCP’s unfair practices, we urge you to join us in opposing this damaging proposal to extend the TRIPS waiver.
Ensuring that U.S. intellectual property is protected overseas has been a longstanding bipartisan priority. In fact, Congress has frequently recognized the importance of protecting IP rights in the United States and around the world including by requiring the Office of the United States Trade Representative (USTR) to issue an annual “Special 301” report on global intellectual property rights protection and enforcement. Just last year, USTR’s Special 301 report noted how critical IP-related jobs are to our nation's economic security. As the report correctly states, “IP infringement undermines U.S. competitive advantages in innovation and creativity, to the detriment of American businesses and workers.”[1] It is unsurprising that many stakeholders, including Members of Congress, small and large biotechnology firms, university researchers, and labor organizations, oppose the proposed TRIPS waiver, warning that it will undermine healthcare innovation and outsource American jobs to foreign competitors. Working together to defeat this waiver will ensure our workforce, across numerous sectors, is protected.
Further, the TRIPS waiver could jeopardize the livelihood of many innovative companies and stifle U.S. growth. Fewer will choose to invest in life-saving innovations if we do not provide secure and enforceable IP rights to early-stage innovations. As the global leader in this critical field, the United States would be disproportionately harmed by the proposed decision to weaken our coveted IP rights at the WTO. We need your leadership to squash this proposal once and for all.
With the WTO’s 13th Ministerial Conference in Abu Dhabi approaching later this month, we urge you to support American innovators and entrepreneurs by opposing any waiver of the TRIPS Agreement. We are here to answer any and all questions and look forward to working with you to ensure America stays the global leader in this field, which will benefit both global health and American workers.
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