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

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article