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Floor Speech

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Mr. LEE. If confirmed as Deputy U.S. Trade Representative, Maria Pagan would be responsible for negotiating details of any waiver of the Trade-Related Aspects of Intellectual Property Rights agreement, also known as the TRIPS Agreement.

I have concerns with Ms. Pagan's nomination. Therefore, I intend to object to that until the Biden administration has given me some basic commitments regarding the administration's position on waiving the TRIPS Agreement, particularly related to some of the proposals being pushed by various countries.

As a quick recap, the TRIPS Agreement represents a vital element of international trade law protecting the intellectual property rights of U.S. businesses, individuals, and entrepreneurs. Waiving the protection of these rights for COVID-19 drugs, vaccines, and treatments under the notion of some sense of international altruism will not advance a universal solution to the COVID-19 pandemic.

Instead, any proposal to waive IP protections would create a disincentive for continued research, development, and distribution of the COVID-19 treatments or drugs. That could mean fewer healthcare options and advancements as the virus continues to mutate into new variants with degrees of resistance to existing remedies.

As always, anytime you weaken one property right, it spills over into other areas. We wouldn't expect this to become contained to the COVID- 19 universe.

Additionally, U.S. companies would be less likely to introduce their product to WTO-member countries not enforcing IP protections. That could mean fewer options and less access for our neighbors, not more.

Intellectual property rights provide the grounds for businesses to take risks in turning novel ideas into concrete goods and services. A business that knows its property is secure and will not be surreptitiously confiscated by government action can fully engage in developing the innovation that drives markets.

Today, in stating my objections, this is all I am asking for. I have no concerns with this individual in particular; rather, with the authority that she might wield and the assurances I am wanting to receive from the administration on that authority, some assurance that this administration will not unilaterally wipe out intellectual property protections that have resulted in the vast majority of COVID- 19 remedies the U.S. currently enjoys and have also served millions of others globally. These are the things that are on the table. All I want is some assurance from the administration.
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Mr. LEE. To reiterate here, all I want is some assurance. I appreciate my friend and colleague from Oregon understanding my basic concern here. It is not an unreasonable concern. All I want is some assurance from the administration that it is not going to wipe out intellectual property protections. That wouldn't be right. They know it is not right. They give me those assurances, we can move on.

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