US backs COVID-19 IP waiver

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
Gift this article