The WTO Should Not Expand TRIPS Waivers

We stand at a critical juncture in international trade and intellectual property rights as the WTO considers expanding TRIPS waivers to COVID-19 diagnostics and therapeutics. This would expand the waiver already in place for COVID-19 vaccines – repeating their initial mistake. Therefore the WTO should not expand TRIPS waivers.

Though well-intentioned, the proposal to waive certain IP rights under the TRIPS agreement fails to address the real challenges of the pandemic and threatens responses to future health crises. The real barriers to global access to vaccines, therapeutics, and diagnostics are logistical issues, infrastructure gaps, and varying regional demands.

The International Trade Commission’s (ITC) report released last month has not conclusively found IP rights to be a barrier to access to COVID diagnostics and therapeutics. It does underscore the issue’s complexity and helps support our stance that the waiver is not the most effective solution.[DW1] 

We are deeply concerned about the potential long-term damage to innovation and IP rights. These rights are the bedrock of research and development, especially in high-tech and biomedical sectors. Weakening IP protections risks slowing medical advancements and deterring future investments in critical research areas.

From an economic perspective, particularly for regions like Washington state, where innovation-driven sectors are pivotal, weakening IP protections could harm industries central to our economic growth and job creation. In Washington state, our 1,100 life-science businesses and research organizations contribute over $30 billion in economic benefits annually and support more than 100,000 jobs.

While enhancing global access to COVID-19 medical products is crucial, the TRIPS waiver is not the most effective or appropriate means to achieve it. Instead, the WTO should rely on existing mechanisms within the TRIPS framework to tackle the pandemic’s challenges, ensuring we don’t compromise the IP rights fundamental to driving innovation and sustaining economic vitality. The path forward requires careful consideration of policy decisions, ensuring they support global health, innovation, and economic stability.

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