Bill Overview
Title: No Free TRIPS Act
Description: 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.
Sponsors: Sen. Blackburn, Marsha [R-TN]
Target Audience
Population: People affected by the TRIPS Agreement and potential waivers
Estimated Size: 331000000
- The TRIPS Agreement affects global intellectual property rights and obligations, impacting countries and industries engaged in international trade.
- A large portion of the global population relies on pharmaceuticals and technology that are protected by patents under TRIPS.
- The potential for TRIPS waivers to facilitate easier access to patents, especially for essential medicines, suggests millions could be affected.
- Developing countries, which often face challenges in accessing affordable medicines, will be particularly affected by changes to TRIPS policies.
Reasoning
- The TRIPS Agreement affects a wide range of industries including pharmaceuticals, biotechnology, agriculture, and technology. As the U.S. is a leader in these fields, many American businesses and citizens will be directly or indirectly affected by changes in TRIPS policies.
- The prohibition on modifying or withdrawing from TRIPS without Congress could limit flexibility in negotiating international intellectual property laws, potentially hindering the U.S.'s ability to respond to future global health crises.
- Given the U.S. pharmaceutical industry's influence and reliance on patents, any policy that affects patent agreements can impact drug prices and accessibility, influencing public health and consumer well-being.
- The population most affected consists of those with chronic health conditions, lower-income individuals who may struggle with drug affordability, and stakeholders in relevant industries.
Simulated Interviews
Pharmaceutical Research Scientist (Boston, MA)
Age: 45 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- This policy could initially protect our investments in drug research, maintaining the economic stability of our industry.
- However, without flexible TRIPS adaptations, we might face challenges in future global health issues.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 8 |
| Year 5 | 6 | 8 |
| Year 10 | 5 | 8 |
| Year 20 | 5 | 8 |
Entrepreneur in Biotechnology (Raleigh, NC)
Age: 29 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 3/20
Statement of Opinion:
- The stability brought by patent protections is crucial for startups like mine that rely on investment security.
- Flexibility in TRIPS can open opportunities for collaborations but might impose competitive pressure from overseas.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 7 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 9 |
Retired Teacher (Miami, FL)
Age: 67 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 15.0 years
Commonness: 10/20
Statement of Opinion:
- I'm worried about the cost of my medications increasing if US policies limit changes to international patent laws.
- Affordable medication access is crucial for my well-being.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 5 |
| Year 2 | 4 | 5 |
| Year 3 | 4 | 5 |
| Year 5 | 3 | 5 |
| Year 10 | 3 | 4 |
| Year 20 | 3 | 4 |
Software Engineer (Seattle, WA)
Age: 50 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- Stable IP laws are necessary for ensuring fair competition and protecting innovation in the technology sector.
- Restricted TRIPS changes could mean missed opportunities for global partnerships.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 9 |
| Year 5 | 7 | 9 |
| Year 10 | 7 | 9 |
| Year 20 | 6 | 10 |
Policy Analyst (Houston, TX)
Age: 38 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 4/20
Statement of Opinion:
- This restriction can hinder adapting TRIPS in case of future healthcare emergencies, affecting access to affordable medicine.
- We might prioritize domestic over global solutions, impacting international cooperation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 5 | 6 |
| Year 20 | 4 | 5 |
University Student (San Francisco, CA)
Age: 24 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- Understanding international agreements is critical. The policy limits educational insights into dynamic IP changes.
- However, it might simplify certain legislative processes in U.S. policy education.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 9 |
| Year 5 | 8 | 9 |
| Year 10 | 8 | 9 |
| Year 20 | 8 | 9 |
Retired Factory Worker (Phoenix, AZ)
Age: 74 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 20.0 years
Commonness: 7/20
Statement of Opinion:
- If medicines get pricier due to stringent patent laws, my health could be at risk if I can't afford them.
- Access to affordable drugs should be prioritized over strict IP adherence.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 5 |
| Year 2 | 4 | 5 |
| Year 3 | 4 | 5 |
| Year 5 | 3 | 5 |
| Year 10 | 2 | 5 |
| Year 20 | 2 | 5 |
Healthcare Worker (Los Angeles, CA)
Age: 32 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 15.0 years
Commonness: 12/20
Statement of Opinion:
- The policy could limit access to essential medications if TRIPS can't be adapted.
- Patient outcomes might suffer without cheaper medication options in future crises.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 6 |
| Year 10 | 5 | 6 |
| Year 20 | 4 | 6 |
Intellectual Property Lawyer (New York, NY)
Age: 55 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- This policy ensures clear, stable guidelines in our negotiations which is beneficial for legal clarity, although it might restrain our adaptability.
- Further discourse on TRIPS is needed to balance IP rights and public health needs.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 8 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 9 |
Software Developer and Activist (Chicago, IL)
Age: 41 | Gender: other
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- Restrictions on TRIPS modifications could impact the open-source community if international standards get stricter.
- Innovation thrives on flexibility; such policies might deter global collaboration.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 6 | 9 |
| Year 10 | 6 | 9 |
| Year 20 | 5 | 9 |
Cost Estimates
Year 1: $10000000 (Low: $5000000, High: $15000000)
Year 2: $10000000 (Low: $5000000, High: $15000000)
Year 3: $10000000 (Low: $5000000, High: $15000000)
Year 5: $10000000 (Low: $5000000, High: $15000000)
Year 10: $10000000 (Low: $5000000, High: $15000000)
Year 100: $10000000 (Low: $5000000, High: $15000000)
Key Considerations
- The increased control of Congress over TRIPS negotiations, potentially delaying international economic or health policy responses.
- The impact on U.S. pharmaceutical and technology sectors reliant on patent protections.
- Potential diplomatic tensions with other WTO member countries seeking waivers or modifications.