PhRMA submission calls for USTR to correct course on trade policy, enforcement 

On October 17, PhRMA submitted comments to the Office of the United States Trade Representative (USTR) to inform USTR’s 2025 National Trade Estimate (NTE) Report on Foreign Trade Barriers. PhRMA’s submission identifies intellectual property (IP) challenges and market access barriers in more than two dozen foreign markets that threaten American jobs and exports of innovative medicines. The submission also details how USTR’s current trade policies are failing to address these barriers and illustrates the need for the next U.S. Administration to more aggressively defend American innovation abroad.

The U.S. biopharmaceutical industry leads the world in the research and development of valuable new medicines, supports over 4.9 million jobs across the U.S. economy and is the largest exporter of goods among the United States’ R&D intensive industries. American workers in this vital industry depend on fair access to overseas markets, and robust IP protections in those markets, to remain globally competitive and deliver life-saving medicines to patients.

Unfortunately, many foreign governments continue to deny basic market access and IP protections to U.S. innovators. For example:

• Government price controls in markets such as Canada and Japan are non-tariff barriers to trade that deny American inventors and workers the ability to compete on fair and equitable terms;
• Korea has failed to adopt market access policies that are transparent and appropriately value American-made innovative medicines as required by the U.S.-Korea Free Trade Agreement;
• Mexico has yet to implement key IP provisions in the United States-Mexico-Canada Agreement; and
• Pending EU proposals to condition IP incentives on product launches in all EU member states would discourage R&D and harm patient access to new medicines. 

These and similar policies around the world undermine U.S. global competitiveness and restrict patient access to innovative medicines. Despite this, the Biden Administration has not adequately enforced our trading partners’ commitments to protect American innovation and has declined to negotiate new trade agreements that promote IP protection and fair market access abroad.

To safeguard American jobs and global leadership in the biopharmaceutical sector, the next Administration must correct course by aggressively pursuing trade agreements and enforcement actions that protect IP and provide fair access to foreign markets.