Republicans, Pharma Groups Push Back Against Biden’s Support of COVID-19 IP Waiver

On Capitol Hill in recent days, Republicans have challenged the Biden’s administration’s support of a World Trade Organization (WTO) proposal to temporarily waive patents for COVID-19 vaccines.

Sen. John Barrasso (R-Wyo.) questioned U.S. Trade Representative Katherine Tai over the administration’s support of the patent waiver during her testimony before the Senate Finance Committee yesterday. “Does that mean this administration has really very little respect for intellectual property rights?” Barrasso asked.

At the same hearing, ranking member Sen. Mike Crapo (R-Idaho) alleged that the executive branch was overstepping its authority because it failed to consult with the Congress before announcing its support for the waiver.

On Tuesday, ranking member Sen. Richard Burr (R-N.C.) led the charge against the administration’s policy shift in opening remarks before a Senate Health, Education, Labor and Pensions committee hearing. “If these protections are not in place for innovators of life-saving medicines, we will not have them for the next pandemic,” he warned. “It’s that simple.”

Adoption of the policy by the WTO will require unanimous support from its 164 members, including other wealthy members such as the UK and EU that have not supported the initiative (DID, May 6).  Burr seized on this lack of support during his remarks, stating “I’m encouraged that some of our European allies are cautioning against this reckless action.”

Industry groups, including PhRMA, are lobbying strongly against the WTO proposal. “Waiving patent protections introduces risks to safety and vaccine manufacturing,” the group stated, citing a survey it commissioned that showed many respondents expressed concern that waiving intellectual property protections could cause production of counterfeit vaccines and that U.S. firms would have to compete with “unproven” vaccine makers for scarce resources.

Tai’s testimony on the administration’s trade policies continues today before the House Ways and Means Committee. The WTO’s Trade-Related Aspects of Intellectual Property Rights council is scheduled to convene on June 8-9, when the waiver proposal could gain some momentum given the Biden administration’s newfound support. ― Jason Scott