US backs COVID-19 IP waiver

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US backs COVID-19 IP waiver

wto-waiver-min.jpeg

Despite concerns from the pharma industry, the Biden administration sides with waiving IP rights to vaccines

The Biden administration yesterday announced its backing of a waiver for all intellectual property rights to COVID-19 vaccines, in what is a huge blow to the pharma industry.

The waiver was proposed in October at the World Trade Organization by India and South Africa. It covers not just IP for vaccines but for all COVID-19 technologies.

Related stories

“This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures,” said Ambassador Katherine Tai, the US trade representative, in a statement released on Wednesday, May 5, announcing the US’s support of the waiver. 

“The administration believes strongly in intellectual property protections, but in service of ending this pandemic, supports the waiver of those protections for COVID-19 vaccines. We will actively participate in text-based negotiations at the World Trade Organization needed to make that happen,” she added.  

The waiver has been strongly opposed by the pharmaceutical industry, which argues that waiving IP would send a chilling signal to the industry and make it reluctant to invest in vaccine research the next time there is a pandemic. 

Stephen Ubl, president and CEO of trade group the Pharmaceutical Research and Manufacturers of America, said the decision will do nothing to increase access to vaccines – and warned that it will undermine American leadership in biomedical research. 

“In the midst of a deadly pandemic, the Biden administration has taken an unprecedented step that will undermine our global response to the pandemic and compromise safety. This decision will sow confusion between public and private partners, further weaken already strained supply chains and foster the proliferation of counterfeit vaccines.” 

The waiver has received strong support from global health charities and developing countries but is opposed by the EU and some wealthy nations.

The director general of the World Health Organization (WHO), Tedros Adhanom Ghebreyesus, called Biden’s support for the waiver a “monumental moment” in the fight against COVID-19. 

Global health care advocates argue that waiving IP rights to COVID-19 vaccines will not be enough to ensure equitable global access, which would also require know-how and technology transfer. 

Although the WHO created the COVID-19 Technology Access Pool for all IP and know-how related to COVID-19 over a year ago, it remains empty of relevant IP for vaccines and therapies. 

Biden’s support of the waiver does not guarantee it will be approved by the WTO’s TRIPS Council, which will continue to debate the initiative in the coming weeks. 

more from across site and SHARED ros bottom lb

More from across our site

A copyright win for AI firm Anthropic and a new executive order against law firm Jenner & Block were also among the top talking points this week
A principal at Schwegman Lundberg & Woessner explains how AI tools, including DeepIP, can position the firm to help clients
The firm explains why AI-empowered data analytics could make it a more efficient advocate for its clients
Penelope Aspinall, of IP wellbeing charity Jonathan’s Voice, explains why managers should take a three-tiered approach to looking after workers’ mental health
Heath Hoglund talks about the value proposition of patent pools and why it went ahead with its first-ever series of pool meetings in China
Ryan Richardson, Chris O’Brien, and Jean Selep of Sterne Kessler analyse the treatment of SEPs at the UPC and ITC and highlight why SEP holders and implementers should be mindful of current developments in both forums
A ruling concerning the UPC’s jurisdiction, questions over costs transparency, and a missed deadline by Amazon were among the top talking points this fortnight
Exclusive data and analysis reveal how firms can differentiate themselves when it comes to costs and value
The Berlin office will mark the firm’s fourth German base and tenth overall
As we build up to another busy year for the IP STARS rankings and Managing IP Awards, we give a rundown of some of the major IP firms and trends in the UK
Gift this article