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

Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
Gift this article