BIO’s submission to the U.S. Trade Representative (USTR) on global threats to intellectual property warns about the impact of further IP waivers.
Why the submission: USTR’s annual Special 301 report, which details threats to U.S. IP in other countries, integrates comments from stakeholders like BIO.
Why it matters: “BIO’s members rely heavily on the strength and scope of their IP to generate investments needed to develop and commercialize their technologies,” says BIO’s submission.
A focus on WTO: A proposal to waive World Trade Organization (WTO) IP protections for COVID diagnostics and therapeutics will be considered at WTO’s Feb. 26-29 Ministerial Conference. USTR has no official position on the proposed waiver, which BIO explains would harm biotech innovation.
BIO details IP concerns in 10 countries: Argentina, Brazil, Canada, Chile, China, Colombia, India, Japan, Mexico, and South Korea.
BIO also lists problematic policy areas:
- Compulsory licenses take IP rights from the patent holder and give them to a third party.
- Technology localization forces firms to localize production, R&D, and even their patent.
- Poor regulatory data protection means information submitted to regulators can be misused by others.
- Obstacles to obtaining patents make IP protection hard to achieve.
- Patent enforcement challenges weaken IP protections.
What’s next: USTR is expected to submit its Special 301 report this spring. BIO will be watching the WTO conference later this month.
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