Preventing Foreign Attempts To Erode Healthcare Innovation Act

II 117TH CONGRESS 1ST SESSION S. 1683 To prohibit the use of funds to support a measure at the World Trade Organization waiving intellectual property rights, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 18, 2021 Mr. SCOTT of South Carolina (for himself, Mr. TOOMEY, Mr. GRASSLEY, and Mr. BURR) introduced the following bill; which was read twice and re- ferred to the Committee on Finance A BILL To prohibit the use of funds to support a measure at the World Trade Organization waiving intellectual property rights, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Foreign 4 Attempts To Erode Healthcare Innovation Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The coronavirus disease 2019 (commonly 8 referred to as ‘‘COVID–19’’) pandemic precipitated 9 VerDate Sep 11 2014 09:08 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1683.IS S1683 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1683 IS a global response to the need for treatments, thera- 1 peutics, and vaccines, challenging the life sciences 2 community to innovate at an unprecedented pace. 3 (2) In response to this need, life sciences com- 4 panies across the globe have brought more than 600 5 novel COVID–19 treatments under development, in- 6 cluding 130 vaccines in clinical trials and 176 in 7 pre-clinical trials. 8 (3) Predictable, transparent, and enforceable 9 intellectual property rights have been a cornerstone 10 of establishing the United States as an innovation 11 hub before and during the pandemic. 12 (4) The first two COVID–19 vaccines to be au- 13 thorized for emergency use in the United States em- 14 ploy mRNA technology that applies years of sci- 15 entific research driven by effective, internationally 16 recognized intellectual property rights, underscoring 17 the historic mobilization in response to the pandemic 18 that has resulted in unprecedented partnerships be- 19 tween governments and businesses to develop and 20 deploy intellectual property solutions in record time. 21 (5) The petition, led by India and South Africa, 22 before the Council for Trade-Related Aspects of In- 23 tellectual Property Rights of the World Trade Orga- 24 nization, seeking a waiver to suspend all intellectual 25 VerDate Sep 11 2014 09:08 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1683.IS S1683 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1683 IS property rights associated with COVID–19 innova- 1 tions, would establish unnecessary barriers to inno- 2 vation that put at risk the life-saving solutions to 3 the pandemic the world desperately needs. 4 (6) Proper and effective intellectual property 5 rights enable the greatest access to life-saving cures 6 and treatments through voluntary licensing agree- 7 ments and other valuable partnerships already being 8 established between life sciences innovators and vac- 9 cine manufacturers across the globe. 10 (7) Inadequate United States leadership in de- 11 fending intellectual property rights internationally 12 invites foreign competitor governments, including the 13 Government of the People’s Republic of China, to 14 take advantage of weak global protections, thereby 15 undermining United States investment and leader- 16 ship in the life sciences. 17 SEC. 3. SENSE OF CONGRESS. 18 It is the sense of Congress that— 19 (1) the United States should continue to pro- 20 mote strong international property rights inter- 21 nationally; and 22 (2) it is in the national interest of the United 23 States to oppose efforts to transfer United States in- 24 tellectual property and technology to the People’s 25 VerDate Sep 11 2014 09:08 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1683.IS S1683 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1683 IS Republic of China or other countries seeking to prof- 1 it off United States investments. 2 SEC. 4. PROHIBITION ON USE OF FUNDS. 3 None of the funds authorized to be appropriated or 4 otherwise made available to the United States Trade Rep- 5 resentative may be used to support, allow, or facilitate the 6 negotiation or approval of— 7 (1) the waiver from certain provisions of the 8 Agreement on Trade-Related Aspects of Intellectual 9 Property Rights for the prevention, containment, 10 and treatment of COVID–19 proposed by India and 11 South Africa; or 12 (2) any other measure at the World Trade Or- 13 ganization to waive intellectual property rights. 14 Æ VerDate Sep 11 2014 09:08 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1683.IS S1683 kjohnson on DSK79L0C42PROD with BILLS