Last July, during the presidential campaign, Joe Biden promised the universal health care advocate Ady Barkan that he wouldn't let intellectual property laws stand in the way of worldwide access to coronavirus vaccines.
"The World Health Organization is leading an unprecedented global effort to promote international cooperation in the search for COVID-19 treatments and vaccines," Barkan said. "But Donald Trump has refused to join that effort, cutting America off from the rest of the world. If the U.S. discovers a vaccine first, will you commit to sharing that technology with other countries, and will you ensure there are no patents to stand in the way of other countries and companies mass-producing those lifesaving vaccines?"
Biden was unequivocal. "It lacks any human dignity, what we're doing," he said of Trump's vaccine isolationism. "So the answer is yes, yes, yes, yes, yes. And it's not only a good thing to do, it's overwhelmingly in our interest to do."
Yet now that Biden is in power, his perception of our interest doesn't seem quite so clear. Last year, India and South Africa requested a waiver from World Trade Organization rules governing intellectual property for technology dealing with the pandemic. Dozens of mostly developing countries have since joined them. A handful of rich nations, including the United States, oppose the waiver, but there's a widespread belief that if America changes its position, other countries will follow. Much of the world is waiting to see what Biden does.
There's an enormous consensus in favor of a waiver. It includes dozens of Nobel laureates and the former leaders of Britain, Canada, Costa Rica, France, Malawi, New Zealand and many other countries. Ten Democratic senators have asked Biden to accede to India and South Africa's request. U.S. Rep. Jan Schakowsky of Illinois is helping to organize a letter from members of the House, and so far almost 100 have signed on.
Most major health and human rights NGOs have joined the campaign for a waiver, including Doctors Without Borders, Partners in Health, Human Rights Watch and Oxfam International.
"This is, I think, one of the first promises broken," Asia Russell, the executive director of the Health Global Access Project, an international advocacy organization, said of the Biden administration's failure to support a waiver, at least so far. She compares it to the administration's brief refusal to lift Trump's refugee caps. "That was pretty completely reversed," she said. "And this one has not been. And we're in a pandemic. If not now, when?"
To be fair, this issue is more complicated than that of refugee admissions. It's easy enough to dismiss arguments from Big Pharma that lifting intellectual property protections will stifle innovation, given the enormous public subsidies that underlie the creation of the vaccines. "U.S. taxpayers have invested huge amounts into making this happen," Schakowsky said. But other arguments deserve to be taken seriously.