News & Analysis as of

Pharmaceutical Industry TRIPS Agreement

Akin Gump Strauss Hauer & Feld LLP

Tech Transfer in the WTO—What’s in It for Africa? And for the Rest of the World?

The “African Group” in the World Trade Organization (WTO) is pushing for discussions—and potentially renegotiation of international trading rules—on how developing countries do and can acquire technology to build resilience...more

McDonnell Boehnen Hulbert & Berghoff LLP

"Zero Draft" of WHO CA+ Released

On February 1, the World Health Organization (WHO) released a "zero draft" of a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness, and response (or "WHO CA+") for the...more

Akin Gump Strauss Hauer & Feld LLP

USITC Sets Out Process of Its Investigation into TRIPS Waiver Expansion

On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by USTR, who had been leading...more

McDonnell Boehnen Hulbert & Berghoff LLP

WTO TRIPS Council Recommends That General Council Extend Waiver Deadline

On December 16, the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO) issued a report recommending that the General Council extend the deadline by which the WTO would...more

Akin Gump Strauss Hauer & Feld LLP

USTR Announces Support for Extending TRIPS Waiver Expansion Discussions and Launches USITC Investigation

Key Points - On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office of the USTR...more

McDonnell Boehnen Hulbert & Berghoff LLP

Status of Proposed Extension of TRIPS Waiver in WTO

It is often observed (or asserted) that a fair compromise in a dispute has likely been reached when both sides are not particularly happy about it.  This is not always the case, of course, and is more likely not to be the...more

Haug Partners LLP

Just The Beginning For Patent Waivers? WTO Issues Precedential Decision Sending Shock Waves Throughout the IP World

Haug Partners LLP on

Overview - In March 2020, the world was upended and faced with unimaginable challenges. The COVID-19 pandemic posed threats that had not been experienced in the United States since the smallpox epidemic over 100 years...more

Sunstein LLP

WTO Authorizes Partial TRIPS Waiver For Covid-19 Vaccines

Sunstein LLP on

As we previously reported, some members of the World Trade Organization (WTO), including India and South Africa, had called for a waiver of intellectual property enforcement on COVID-19 pandemic-related diagnostic kits,...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Chamber of Commerce Supports House and Senate Legislation Prohibiting Biden Administration from Negotiating Modifications to...

Earlier this month, the U.S. Chamber of Commerce sent a letter to members of Congress indicating that the Chamber "strongly supports" recent House and Senate legislation that the Chamber noted "would prohibit the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Proposed WTO IP Waiver: Just What Good Can It Do? -- An Analysis

As posted Monday, BIO (the Biotechnology Innovation Organization) provided a link to the supposed compromise agreement reached recently to permit WTO member states to waive patent protection for "subject matter required for...more

McDonnell Boehnen Hulbert & Berghoff LLP

IP Associations "Concerned" by Reports of TRIPS Waiver Compromise

Earlier today, the American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executives Society (LES) International, LES USA & Canada, and New York Intellectual Property...more

McDonnell Boehnen Hulbert & Berghoff LLP

More on Leaked WTO COVID-19 Vaccine Patent Waiver Compromise

A Reuters report published last week indicated that the United States, European Union, India, and South Africa had reached an agreement on a waiver with respect to patents for COVID-19 vaccines.  The text of the compromise...more

McDonnell Boehnen Hulbert & Berghoff LLP

Compromise Reportedly Reached on COVID-19 Vaccine Patent Waiver

According to a Reuters report published earlier today, the United States, European Union, India, and South Africa have reached an agreement on a waiver with respect to patents for COVID-19 vaccines...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sen. Tillis Writes to U.S. Trade Representative (Again) Regarding TRIPS Waiver

Earlier this month, Sen. Thom Tillis (R-NC), the Ranking Member of the Subcommittee on Intellectual Property of the Senate Committee of the Judiciary, wrote to United States Trade Representative Katherine C. Tai to express...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Responds to Letters from Senators Regarding TRIPS Waiver

Last week, United States Trade Representative Katherine C. Tai responded to a series of letters sent by a group of Senators regarding a proposal by India and South Africa to waive certain provisions of the World Trade...more

Sunstein LLP

What is a COVID-19 Vaccine Intellectual Property Waiver?

Sunstein LLP on

While over 48% of the U.S. population is fully vaccinated, only about 15% of the world is. Such disparities have caused members of the World Trade Organization (WTO), such as India and South Africa, to call for a waiver of...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] Onshoring Drug Manufacturing and TRIPS Waiver Part II

In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome Akin Gump public law and policy partner Clete Willems and Centrient...more

McDonnell Boehnen Hulbert & Berghoff LLP

Is This the WTO Waiver End Game?

Pfizer and BioNTech Agree to Vaccine Technology Transfer with South Africa's Biovac Institute - As reported by Reuters* on Wednesday (see "South African firm to help make Pfizer/BioNTech COVID vaccine"), Pfizer and...more

Proskauer - Life Sciences

IP Waiver for COVID-19 Vaccines: What the United States’ Support Means in Practice

On May 5, 2021, the Biden Administration announced its support for waiving intellectual property protections for COVID-19 vaccines. Understandably, the news made headlines and stirred passionate reactions from the medical...more

King & Spalding

Update on the Proposed TRIPS Waiver at the WTO: Where is it Headed, and What to Expect?

King & Spalding on

On June 8-9, 2021, the World Trade Organization’s (WTO) TRIPS Council will hold their first meeting in the wake of the U.S. Trade Representative (USTR) announcing “the Biden-Harris Administration’s support for waiving...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - May 2021 #4

WilmerHale on

On May 26, SBA Administrator Isabella Casillas Guzman began a series of hearings on the Hill that will continue through May 28. On May 26, she testified before the House Committee on Small Business in a hearing titled “An...more

McDonnell Boehnen Hulbert & Berghoff LLP

GOP Legislators Write in Opposition to Proposed TRIPS Waiver

Earlier this month, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines."  One day prior to Ambassador...more

Morgan Lewis

Mechanics of COVID-19 Vaccine IP Waiver in View of Trade-Related Aspects of IP Rights

Morgan Lewis on

The Biden-Harris administration announced on May 5 its intent to support a waiver on intellectual property protections on COVID-19 vaccines. The scope of any potential waiver is subject to further negotiation at the World...more

Hogan Lovells

Biden Administration supports waiver of WTO IP rights for COVID-19: Next steps for innovators

Hogan Lovells on

On 5 May 2021, U.S. Trade Representative Katherine Tai announced that the Biden Administration would support India and South Africa’s request for a World Trade Organization (WTO) waiver of intellectual property (IP) rights...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Road to Hell Is Paved with What Everybody Knows

And everybody knows that suspending patent rights is necessary to provide sufficient vaccine to stem the global pandemic caused by the SARS-CoV-2 virus known as COVID-19.  It is always a sign of intellectual weakness and pack...more

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