June 13, 2021

Volume XI, Number 164


June 11, 2021

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Exclusive Rights: Intellectual Property — US Signals Approval of IP Waiver for COVID-19 Vaccines [PODCAST]

In this episode of our Exclusive Rights podcast series, Mintz IP attorneys Daniel Weinger and Todd B. Buck, PhD, discuss the recent decision by the Biden Administration to signal US approval of a proposal to waive intellectual property rights related to COVID-19 vaccines currently under review at the World Trade Organization (WTO). India and South Africa first proposed the controversial IP rights waiver last year, and the United States had not previously supported such waivers. Dan and Todd discuss the significance of the communication from the White House and the impact such a waiver could have on businesses.

Their discussion covers the following issues:

  • Impact of the broad IP waiver

  • Whether the waiver helps achieve the stated goal of increased access to the vaccines

  • Potential industry responses to a significant shift in US policy

  • Roadblocks other than IP that remain even if the waiver goes into effect

  • Possible alternative, and already existing, solutions via the TRIPS provision of the WTO

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 133



About this Author

Daniel B. Weinger Patent Litigation Attorney Mintz Law Firm

Daniel's practice in intellectual property focuses on patent litigation, both at the International Trade Commission and the Federal District Courts. Daniel has participated in all phases of patent litigation, including active engagement in multiple evidentiary hearings at the International Trade Commission. He has done work in a variety of technology areas, including computer software, software architecture, GPS, network devices, semiconductors, converged devices, and LED lighting.

Prior to joining Mintz Levin, Daniel worked as a database...

Todd Buck PhD IP Attorney Mintz Law Firm
Of Counsel

Todd is a seasoned patent prosecutor and portfolio manager who helps clients maximize the value of their intellectual property assets.  His practice includes counseling clients on portfolio strategies, preparing and prosecuting patent applications and advising and representing clients in licensing transactions.  He also provides strategic portfolio assessment and assists start-up companies with developing their initial IP strategies and goals. 

Todd also advises and represents pharmaceutical and biotech clients in areas where intellectual property law and Food and Drug...