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The Biden administration “believes strongly in intellectual property protections, but in service of ending this pandemic, supports the waiver of those protections for Covid-19 vaccines”, said US Trade Representative Katherine Tai. Photo: The Canadian Press via AP

Coronavirus: US to back waiving intellectual property protections for vaccines

  • The global infection rate in has recently climbed as outbreaks in India and other countries have continued to gather momentum
  • Biden administration believes in IP protections, ‘but in service of ending this pandemic, supports the waiver of those protections’, says trade official
The US will back a proposal to waive intellectual property protections for Covid-19 vaccines, with the Biden administration’s top trade official citing the “extraordinary circumstances” of a pandemic that has yet to be brought under control.
The Biden administration “believes strongly in intellectual property protections, but in service of ending this pandemic, supports the waiver of those protections for Covid-19 vaccines”, US Trade Representative Katherine Tai said in an official announcement.

“As our vaccine supply for the American people is secured, the administration will continue to ramp up its efforts – working with the private sector and all possible partners – to expand vaccine manufacturing and distribution,” she said.

While the US infection rate has steadily declined since January, it has climbed globally in recent weeks as outbreaks in India – currently the epicentre of the pandemic – and other countries have continued to gather momentum.

India hit a daily record 401,993 cases last week, according to data compiled by Johns Hopkins University, and is on track to overtake the US as the country with the most cumulative Covid-19 cases at more than 20 million. The global death toll surpassed 3 million last month.

WHO director general Tedros Adhanom Ghebreyesus called Tai’s announcement “a monumental moment in the fight against Covid-19.”

“I commend the United States on its historic decision for vaccine equity and prioritizing the well-being of all people everywhere at a critical time,” Tedros said.

Why the world should support IP right waivers for Covid-19 vaccines

“Now let‘s all move together swiftly, in solidarity, building on the ingenuity and commitment of scientists who produced life-saving Covid-19 vaccines.”

Pressure had been mounting for the US to support an Indian and South African initiative at the World Trade Organization (WTO) to waive the body’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to facilitate the production of vaccines and therapeutics developed to fight the disease.

However, the Biden administration’s support is likely to face resistance at home and abroad.

08:44

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A group of 12 Republican lawmakers including Jim Jordan of Ohio and Darrell Issa of California wrote a seven-page letter to Tai on Tuesday warning her not to support the IP waiver initiative.

“The justification for the waiver rests on an incorrect assumption that IP rights are a big bottleneck to the widespread availability of Covid-19 vaccines and coverings,” the letter stated.

“The waiver’s sponsors have introduced no convincing proof to assist this assertion. As an alternative, the sponsors primarily simply level out that related IP rights exist and speculate that these rights might function a barrier to entry to Covid-19 vaccines and coverings – not that IP rights have really blocked or considerably hindered their availability,” it added.

Why it’s in rich countries’ own interests to stop hoarding vaccines

Investors reacted to the announcement, with the share prices of Pfizer, Moderna, makers of the first two vaccines to roll out in the US, tumbling afterwards. Pfizer dropped to US$39.12 from an intraday high of US$41.09. Moderna tumbled to US$156.81 from US$180.70.

Moreover, the European Union, Britain, Japan, Switzerland, Brazil and Norway have so far resisted the IP waiver push.

The move has also been opposed by drug makers. They argue that few countries have the capacity to produce more vaccines even if they knew the formulas and have also pointed to limited global supply of the materials needed. They have also said building new factories with the necessary technology to produce the vaccines could take years.

Tai, who met virtually with executives of drug makers Pfizer and AstraZeneca to discuss the TRIPS waiver – without any result – acknowledged some of these hurdles in her statement.

“We will actively participate in text-based negotiations at the World Trade Organization” that will be needed to garner more support for the initiative, she said. “Those negotiations will take time given the consensus-based nature of the institution and the complexity of the issues involved.”

At a WTO meeting on Wednesday, India and South Africa agreed to revise their proposal to present to members for a meeting tentatively scheduled for the second half of May.

“The desperate needs that our people face in the current pandemic provide these companies with an opportunity to be the heroes they claim to be – and can be,” she said at a virtual conference at the WTO.

“As governments and leaders of international institutions, the highest standards of courage and sacrifice are demanded of us in times of crisis. The same needs to be demanded of industry.”

US President Joe Biden told reporters that he would discuss the waiver later on Wednesday.

Additional reporting by Owen Churchill and Bloomberg

This article appeared in the South China Morning Post print edition as: Biden administration backs plan for vaccine patent waiver
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