What You Need to Know About the USITC Investigation into a TRIPS Waiver for COVID-19 Diagnostics and Therapeutics

On February 1, 2023, the U.S. International Trade Commission (“ITC”) initiated an investigation into the impact of intellectual property (“IP”) rights on the production, supply, and availability of diagnostics and therapeutics used to detect and treat COVID-19. This investigation was requested by the Office of the U.S. Trade Representative (“USTR”) to inform its position on negotiations over the possible expansion of a waiver of international IP rights for COVID-19-related diagnostics and therapeutics under the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”).

As part of this investigation, interested parties—including IP rights holders, researchers, producers, civil society, and other stakeholders—will have opportunities to influence the ITC’s investigation through written comments, hearing testimony, and other means. Because this investigation may affect the value of rights holders’ IP globally for years to come, it is of critical importance that interested parties take this opportunity to help shape the policy environment.

• King & Spalding will host a one-hour roundtable webinar on March 15, 2023, to discuss the investigation and its implications. Topics for discussion will include:
• Investigation process and timeline;
• How to participate in the investigation;
• The information and key data points USTR seeks from the final report and for use in the TRIPS wavier negotiations; and
• The implications of the investigation for U.S. and international policies regarding IP in the pharmaceutical and medical device space.

For questions, contact Becky Bowen at bbowen@kslaw.com.

King & Spalding is an accredited provider of CLE credit in California, Georgia, Illinois, New York and Texas. We can issue reciprocal credit for attorneys licensed in Connecticut, Florida and New Jersey. We will apply for credit in Colorado, North Carolina and Virginia (subject to MCLE Board approval). For jurisdictions not listed, attendees are provided with a Universal Certificate of Attendance. New York licensed attorneys: Transitional/Appropriate for newly admitted and experienced attorneys. Financial aid is available for qualifying lawyers. For CLE-related questions, please contact Gisel Arias at garias@kslaw.com. King & Spalding, 1180 Peachtree Street NE, Atlanta, GA 30309. CA Provider #10947.