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No Free TRIPS Act

12/20/2024, 9:05 AM

Summary of Bill HR 3858

Bill 118 hr 3858, also known as the No Free TRIPS Act, is a piece of legislation currently being considered by the US Congress. The bill aims to address the issue of intellectual property rights and access to essential medicines, particularly in the context of the COVID-19 pandemic.

The bill specifically targets the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, which is a global agreement that sets out minimum standards for intellectual property protection. The No Free TRIPS Act seeks to waive certain intellectual property rights related to COVID-19 vaccines, treatments, and diagnostics in order to increase access to these essential medical products.

Proponents of the bill argue that waiving intellectual property rights will allow for the rapid production and distribution of COVID-19 vaccines and treatments, particularly in developing countries where access to these products may be limited. They believe that this will help to control the spread of the virus and save lives. Opponents of the bill, however, argue that waiving intellectual property rights could undermine incentives for innovation and ultimately harm the pharmaceutical industry. They also raise concerns about the potential impact on future vaccine development and the overall effectiveness of the global intellectual property system. Overall, the No Free TRIPS Act is a complex and controversial piece of legislation that raises important questions about the balance between intellectual property rights and public health. Its outcome will have significant implications for the global response to the COVID-19 pandemic and the future of intellectual property rights in the pharmaceutical industry.

Congressional Summary of HR 3858

No Free TRIPS Act

This bill prohibits the U.S. government from negotiating or concluding any withdrawal from or modification to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) without explicit authorization from Congress.

The TRIPS Agreement is one of several international agreements that led to the creation of the World Trade Organization (WTO). In October 2020, in response to the COVID-19 pandemic, several WTO members proposed a waiver of some TRIPS obligations, including obligations related to national patent laws.

Current Status of Bill HR 3858

Bill HR 3858 is currently in the status of Bill Introduced since June 6, 2023. Bill HR 3858 was introduced during Congress 118 and was introduced to the House on June 6, 2023.  Bill HR 3858's most recent activity was Referred to the Subcommittee on Trade. as of December 17, 2024

Bipartisan Support of Bill HR 3858

Total Number of Sponsors
2
Democrat Sponsors
0
Republican Sponsors
2
Unaffiliated Sponsors
0
Total Number of Cosponsors
10
Democrat Cosponsors
0
Republican Cosponsors
10
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 3858

Primary Policy Focus

Commerce

Alternate Title(s) of Bill HR 3858

No Free TRIPS Act
No Free TRIPS Act
To prohibit the President from negotiating or concluding any withdrawal, suspension, waiver, or modification to the Agreement on Trade-Related Aspects of Intellectual Property Rights without explicit authorization from Congress.

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