With discussions underway about expanding the Trade-Related Aspects of Intellectual Property Rights (TRIPS) waiver to COVID therapeutics and diagnostics, the United States and BIO have been taking action.
The latest: WTO members approved extending the discussions on the proposal to expand the waiver beyond the original December 17 deadline.
The U.S. response: The U.S. Trade Representative (USTR) agreed with the extension to allow the Biden administration to conclude its interagency review of the proposed expanded waiver, including an in-depth analysis from the U.S. International Trade Commission (USITC).
The expanded waiver “would send U.S.-developed innovative technologies and biomanufacturing jobs overseas and, consequently, weaken the ability for U.S. biotech firms—including the hundreds of small and medium-sized enterprises (SMEs) involved in the development of COVID-19 therapeutics—to compete globally and grow jobs domestically,” said BIO President and CEO Rachel King in a recent letter to Ambassador Katherine Tai and White House COVID-19 Response Coordinator Ashish Jha.
It’s both unjustified and inconsistent with existing policy—specifically, President Biden’s Executive Order on Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy, the letter continues.
What’s next: Expect more activity in 2023, with USITC's Federal Register notice to launch its investigation, and at least one hearing. We’ll continue to follow this issue.
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The Senate on Wednesday confirmed Alexis Taylor to be USDA’s undersecretary for trade and foreign agricultural services after Sens. Bill Hagerty (R-Tenn.) and Dan Sullivan (R-Alaska) lifted their holds on her nomination, according to Politico. Another positive development is Sen. Bob Menendez (D-N.J.) has lifted his hold on the confirmation of Doug McKalip as chief agricultural trade negotiator after meeting with U.S. Trade Representative Katherine Tai regarding the administration's trade policy. However, as of this morning, Hagerty is holding up the McKalip confirmation. BIO has urged confirmation of Taylor and McKalip so they can work to maintain and improve market access for U.S. biotech crops and products of biotechnology.
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