As the Biden administration begins trade talks to send COVID-19 vaccines to other nations, legislation introduced by U.S. Reps. Carol Miller (R-WV) and Vern Buchanan (R-FL) aims to protect the American intellectual property behind the vaccines.
“We all want to expand the world’s access to the COVID-19 vaccine, but we must do so in a way that preserves American innovation,” Rep Miller said. “Rather than just handing over our intellectual property as a short-term solution, which could get in the hands of bad actors like Russia or China, the Biden administration needs to focus on the root issues many countries face when it comes to vaccine access.”
Rep. Miller and Rep. Buchanan on April 6 signed on as two of 10 original Republican cosponsors of the Protecting American Innovation Act, H.R. 7430, which is sponsored by U.S. Rep. Adrian Smith (R-NE) and fellow cosponsors including U.S. Reps. Drew Ferguson (R-GA), Jackie Walorski (R-IN), Darin LaHood (R-IL), Brad Wenstrup (R-OH), Ron Estes (R-KS), and Lloyd Smucker (R-PA).
“Intellectual property rights encourage innovation and help boost the economy,” said Rep. Buchanan. “The Biden administration’s misguided proposal to waive intellectual property protections would discourage innovation and make it more difficult to achieve the next life-saving medical breakthrough. It would also serve as a massive giveaway to countries like China, Russia, and India who have been trying to steal American innovators’ intellectual property for years.”
If enacted, H.R. 7430 would affirm the authority of Congress over international trade by requiring the U.S. Trade Representative (USTR) to notify and consult with Congress when negotiating any suspension or modification of U.S. trade agreements, including any COVID-related waivers under the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
“It is… vital that Congress be included in these negotiations to ensure American innovation is protected,” said Rep. Miller. “I am pleased to join my Ways and Means colleagues on this legislation to put American interests first and affirm Congress’s authority over Biden’s trade agenda.”
Among other provisions, the bill also would require the Executive Branch to develop an interagency public health report to determine how a potential TRIPS waiver would increase global vaccine access and availability and make any TRIPS waiver and other potential modifications to trade agreements subject to congressional approval, according to a bill summary provided by the lawmakers.