Balancing Innovation and Access: The Impact of the TRIPS Waiver on Intellectual Property and Global Public Health

Georgetown International Research Group

Anokhi Ashwin, Parakram Karnik, Sara Medina, Sanjana Sitaram, Penelope Stokes, Aryan Tobacowala

January 2024

Abstract:

This paper examines the implications of the proposed expansion of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) waiver on major drug manufacturing countries, particularly the United States. The U.S. pharmaceutical sector, characterized by strong intellectual property protections and significant investment in research and development, employs over 900,000 workers and supports millions of additional jobs. The expansion of the TRIPS waiver is argued to undermine this sector by facilitating global competition that could diminish investment incentives and innovation, ultimately compromising the U.S.'s capacity to respond to public health crises like COVID-19. Moreover, the potential outsourcing of jobs threatens the domestic biopharmaceutical landscape, exacerbating vulnerabilities in drug development and manufacturing.

While the waiver aims to enhance access to essential medical treatments for importing countries, significant barriers remain, including inadequate infrastructure and other systemic issues such as vaccine hesitancy. The paper highlights the disconnect between the intentions of the waiver expansion and the realities of its implementation, especially considering that many major importing countries have expressed reluctance to utilize it. The analysis concludes that the waiver expansion poses substantial risks to the U.S. pharmaceutical industry and public health, questioning its effectiveness in addressing global healthcare disparities without compromising innovation and economic stability in the U.S.

Eli Lilly - Intellectual Property Paper.pdf

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