Especially Now, We Cannot Weaken Our Strong IP Protections for Medical Innovation

One thing the coronavirus crisis has demonstrated is our need to have a robust, nimble, innovative biopharmaceutical industry in the United States—which is exactly what we have. 

The medical advancements and new medicines originating outmatch those of any other country because of the regulatory system we have put in place. A key facet of that system is strong intellectual property (IP) protection.

Biopharmaceutical IP protections, such as patents and data protection, provide the incentives that spur research and development. They help ensure that the innovative biopharmaceutical companies that have invested in lifesaving medicines have an opportunity to recoup their investments. Without such protections, biopharmaceutical companies would not be willing to take the risks that result in the discovery of miracle cures and palliative treatments to improve patients’ quality of life.

Recently, critics of the biopharmaceutical industry have advanced misleading and inaccurate narratives that mischaracterize the role of IP protections and the value of new treatment advances. Yet a quick look at how the United States compares to other countries when it comes to life saving innovations reveals that American patients are far better off than are the patients in all other countries. 

Here’s just one example. For a 50-year-old diagnosed with non-small cell lung cancer, the life expectancy in Australia is about 57; in the United Kingdom, Korea, and Canada, it is about 63; in France, it is about 74; in the United States, it is about 78, applying findings compiled in a report by HIS Markit.

We cannot predict where the palliative therapies or the cure for COVID-19 will originate, but we know that the United States biopharmaceutical industry is well-positioned to help in their discovery because our country has aligned incentives to achieve the objective of providing the most innovative environment—including strong IP protections. 

Why, especially now, would we want to give that up?