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Published 13:38 IST, February 27th 2021

US lawmakers, civil society groups urge Biden to support TRIPS waiver proposal

The US lawmakers and civil society groups want Biden to support a proposal to waive some intellectual property commitments at the WTO in response to pandemic.

Reported by: Bhavya Sukheja
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The US lawmakers and civil society groups want President Joe Biden to support a proposal to waive some intellectual property commitments at the WTO in response to the coronavirus pandemic. The waiver, which would apply to a swath of obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), is set to be discussed at the General Council meeting next week and the domestic advocates hope that the Biden administration will use the opportunity to reverse the previous administration’s opposition to the proposal. It is worth mentioning that India, South Africa and nine other developing countries have already proposed the TRIPS waiver. 

The pressure on the Biden administration comes as poorer countries are trailing behind richer countries in administering vaccines. Last week, the UN had reported that 130 countries have not received a single dose of any COVID-19 vaccines. The developing countries have proposed a waiver for temporarily suspending provision in the TRIPS Agreement relating to copyrights, industrial designs, patents, and protection of undisclosed information in tackling the COVID-19 pandemic by ramping up production of medical equipment, therapeutics, and vaccines across many countries.

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While speaking at a press briefing, Rep. Rosa DeLauro said, “Where is the moral imperative? Beyond anything else, that is what needs to be the motivation here”. While announcing a letter from more than 400 US-based civil society groups, DeLauro added, “The moral imperative to save lives. The United States should lead that charge. We should not be denying others the opportunity to do this. We have the wherewithal to do this”. 

US lawmakers from the Democratic Party have also joined the forces to persuade Biden to agree to the waiver proposal. Rep. Jan Schakowsky, who is spearheading a letter to the President with fellow members of Congress, will urge him to support the waiver. Schakowsky said that the letter had 30 signatories and would be sent to Biden. 

The letter from the civil society groups urges Biden to “break with the unconscionable policies Trump supported” by backing the waiver. The letter argued that the benefits are threefold. Firstly, the groups said that the waiver “could save millions of lives.” Secondly, "ending the COVID-19 pandemic as quickly as possible worldwide is also necessary to reboot the global economy on which so much of the US economy relies”. And, finally, a US reversal of its opposition would "help restore America’s moral and public health leadership in the world”. 

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Nancy Pelosi in support of waiver 

Previously, Schakowsky had even said that the waiver is supported by House Speaker Nancy Pelosi. She said that the speaker has said so many times that she has talked to the administration and she is fully in support of this waiver. Schakowsky added that with so many voices, she is optimistic that the right thing can be done by the US. 

Meanwhile, it is worth noting that the General Council next week is not expected to make any decision on the TRIPS waiver but will receive a status update from the chair of the TRIPS Council on the state of the talks. Advocates are urging the Biden administration to use that opportunity to lift the US opposition and allow WTO members to proceed to text-based discussions in the council. Along with the US, the European Union, Canada and Japan have so far opposed the waiver, arguing that intellectual property is critical to innovation and that existing TRIPS flexibilities are sufficient to address any IP-related concerns. The proponents, on the other hand, have maintained that the waiver is needed to allow those with the capacity to ramp up production and ensure poorer countries have equal access to vaccines. 

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Updated 13:35 IST, February 27th 2021