Top Republicans on the House trade panel have warned the U.S. Trade Representative against destroying documents on a controversial decision to surrender key medical technology to foreign competitors. Over the past year and a half, congressional Republicans have repeatedly voiced opposition to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) waiver, warning that it leaves the door open for broader waivers in the future – setting a dangerous precedent that could have a chilling effect on future innovative vaccines and therapies.

In a new letter to U.S. Trade Representative Ambassador Katherine Tai, Ways and Means Republican Leader Rep. Kevin Brady (R-TX)and Trade Subcommittee Republican Leader Rep. Adrian Smith (R-NE) requested that all documents relating to the Biden Administration’s decision to agree to the World Trade Organization (WTO) Agreement on TRIPS be preserved.

READ: A. Smith: TRIPS Waiver Sets Dangerous Precedent, Puts Future Innovation at Risk

CLICK HERE to read the letter.

“By agreeing to the TRIPS waiver, the Biden Administration has effectively waived IP rights on vaccines for five years, with the possibility of an extension. This decision undermines American innovation and exposes American firms to those who have been trying to steal U.S. vaccine research,” the members wrote.

“Even worse, the Administration also agreed to discussions to expand the scope of the waiver beyond vaccines to medical diagnostics and therapeutics. Members of Congress have repeatedly voiced their concerns over the TRIPS waiver, and its possible extension, and asked the Administration to reverse course.”

CLICK HERE to read the letter.

Background on the TRIPS Waiver:

• Members of Congress have repeatedly asked the U.S. Trade Representative for any evidence that waving American innovators’ IP rights would improve vaccine access. More than a year later, the Biden Administration has yet to provide an answer.
• The WTO TRIPS Agreement establishes certain minimum intellectual property (IP) standards.
• In May 2021, the Biden Administration announced in “service of ending this pandemic,” it would support a “limited” waiver of U.S. rights under the TRIPS Agreement, exclusively related to vaccines.
• The Biden Administration waived America’s IP rights on vaccines for five years, with the possibility of an extension. Again, contrary to its claims to Congress, the Biden Administration also agreed to initiate discussions to expand the scope of the waiver beyond vaccines to medical diagnostics and therapeutics, a potentially immense category of products.
• The decision undermines America’s innovators who developed the world’s most effective vaccines, as well as the workers manufacturing these vaccines, and potentially empowers China’s firms that have been trying to steal U.S. mRNA research.
•  In fact, the Administration agreed to language that simply “encourages” China to opt-out from using the waiver and is willing to take China’s word that it will not use the waiver.