The letter, submitted jointly by the Association of American Universities (AAU), the Council on Government Relations (COGR), and AUTM, addresses the U.S. International Trade Commission in relation to Investigation No. 332-596, focusing on COVID-19 diagnostics, therapeutics, and the possible expansion of the TRIPS Agreement waiver. The associations, representing leading American research universities and technology transfer professionals, express strong reservations about further TRIPS waivers for COVID-19 therapeutics and diagnostics. They emphasize the centrality of intellectual property protections to the innovation cycle, arguing that patents incentivize private investment in the development and commercialization of new pharmaceuticals. The authors contend that weakening these protections could deter investment, ultimately reducing the development of life-saving treatments and medical advancements.
While acknowledging the global inequities in access to COVID-19 vaccines and the necessity for humanitarian licensing and infrastructure support in developing countries, the associations argue that the current TRIPS waiver for vaccines has not been utilized by any country, suggesting its limited practical value. They warn that extending such waivers could create uncertainty, setting a potentially damaging precedent for other technologies beyond health, such as clean energy and agriculture. Rather than easing patent rules, they recommend efforts focus on building healthcare infrastructure and distribution capabilities in the Global South. Based on these considerations, the letter calls on the United States and other WTO members to oppose any further expansion of TRIPS waivers, maintaining that robust intellectual property rights are crucial for sustaining innovation and effective responses to future challenges.
