U.S. Trade Representative Supports Delay of Vote on Expanded Covid-19 Related Carveout

On December 6 the U.S. Trade Representative announced its support for a delay on the vote to expand to Covid-19 waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS. The current waiver applies to vaccines only while the proposed expansion includes diagnostics and therapeutics. The Trade Representative wants the U.S. International Trade commission to commence a probe relating to the diagnostics and therapeutics. The current waiver covering vaccine patents under the TRIPS agreement for five years, allowing member countries to access COVID-19 patents for vaccine production and making it so the U.S. cannot enforce certain IP rights on behalf of American companies. The U.S. Chamber of Commerce opposes the expanded waiver noting that intellectual property has played a critical role in the development of vaccines, diagnostics and therapeutics and empowered companies to voluntarily license the innovative treatments worldwide.