Preventing Foreign Attempts To Erode Healthcare Innovation Act
Bill: S.1683 | Sponsor: Sen. Scott, Tim (R-SC)
Policy area: Commerce

Summary:
Preventing Foreign Attempts to Erode Healthcare Innovation Act
This bill prohibits the use of federal funds to support, allow, or facilitate the negotiation or approval of any measure at the World Trade Organization to waive intellectual property rights, including the waiver proposed by India and South Africa to suspend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights to facilitate the prevention, containment, and treatment of COVID-19.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Foreign Attempts To Erode 
Healthcare Innovation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The coronavirus disease 2019 (commonly referred to as 
        ``COVID-19'') pandemic precipitated a global response to the 
        need for treatments, therapeutics, and vaccines, challenging 
        the life sciences community to innovate at an unprecedented 
        pace.
            (2) In response to this need, life sciences companies 
        across the globe have brought more than 600 novel COVID-19 
        treatments under development, including 130 vaccines in 
        clinical trials and 176 in pre-clinical trials.
            (3) Predictable, transparent, and enforceable intellectual 
        property rights have been a cornerstone of establishing the 
        United States as an innovation hub before and during the 
        pandemic.
            (4) The first two COVID-19 vaccines to be authorized for 
        emergency use in the United States employ mRNA technology that 
        applies years of scientific research driven by effective, 
        internationally recognized intellectual property rights, 
        underscoring the historic mobilization in response to the 
        pandemic that has resulted in unprecedented partnerships 
        between governments and businesses to develop and deploy 
        intellectual property solutions in record time.
            (5) The petition, led by India and South Africa, before the 
        Council for Trade-Related Aspects of Intellectual Property 
        Rights of the World Trade Organization, seeking a waiver to 
        suspend all intellectual property rights associated with COVID-
        19 innovations, would establish unnecessary barriers to 
        innovation that put at risk the life-saving solutions to the 
        pandemic the world desperately needs.
            (6) Proper and effective intellectual property rights 
        enable the greatest access to life-saving cures and treatments 
        through voluntary licensing agreements and other valuable 
        partnerships already being established between life sciences 
        innovators and vaccine manufacturers across the globe.
            (7) Inadequate United States leadership in defending 
        intellectual property rights internationally invites foreign 
        competitor governments, including the Government of the 
        People's Republic of China, to take advantage of weak global 
        protections, thereby undermining United States investment and 
        leadership in the life sciences.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should continue to promote strong 
        international property rights internationally; and
            (2) it is in the national interest of the United States to 
        oppose efforts to transfer United States intellectual property 
        and technology to the People's Republic of China or other 
        countries seeking to profit off United States investments.

SEC. 4. PROHIBITION ON USE OF FUNDS.

    None of the funds authorized to be appropriated or otherwise made 
available to the United States Trade Representative may be used to 
support, allow, or facilitate the negotiation or approval of--
            (1) the waiver from certain provisions of the Agreement on 
        Trade-Related Aspects of Intellectual Property Rights for the 
        prevention, containment, and treatment of COVID-19 proposed by 
        India and South Africa; or
            (2) any other measure at the World Trade Organization to 
        waive intellectual property rights.
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