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Question Regarding Vaccine Patent Discussed with Clete Willems

"POLITICO references Gump public law and policy partner Clete Willems in their piece about the debatable WTO proposal regarding vaccines, as stated in 'The Vaccine Diplomacy Balance' article."

Discussion on Vaccine Patent Issue Features Clete Willems' Views
Discussion on Vaccine Patent Issue Features Clete Willems' Views

Question Regarding Vaccine Patent Discussed with Clete Willems

In a recent article published by POLITICO, the focus is on a World Trade Organization (WTO) proposal regarding a waiver for patent protections on COVID-19 vaccines. The article raises questions about whether a deal is needed in relation to the WTO proposal and features quotes from Gump public law and policy partner Clete Willems.

Clete Willems, who served in the Trump administration as Deputy Assistant to the President for International Economics, has been identified as a relevant voice in international trade. However, concrete public records showing which countries or organisations Willems has represented or advised in relation to the WTO proposal are not available.

Background

Clete Willems was a deputy trade advisor for North America and international economic law in the White House under President Donald Trump. After leaving the government, he became a partner at Akin Gump, a large international law firm with significant lobbying work for trade issues and intellectual property.

The WTO TRIPS-Waiver Proposal, originally introduced by India and South Africa, aims to temporarily suspend certain aspects of the patent protection to make COVID-19 products (vaccines, medicines, diagnostics) more accessible worldwide. The discussion is polarized: developing and emerging countries generally support the proposal, while western industrialized nations (such as the EU, USA, Switzerland, Great Britain, and Japan) and the pharmaceutical industry are critical.

Willems' Role and Potential Clients

Willems himself is often cited by media as a relevant voice in international trade, but explicit public records regarding his mandates in connection with the TRIPS-Waiver proposal are not documented. Akin Gump represents numerous large international corporations and interest groups, possibly including those from the pharmaceutical industry and related sectors, which have a direct interest in conflict with the proposal.

Potential clients (although not explicitly named as Willems' clients for the Waiver) could be:

  • Pharmaceutical industry associations (such as PhRMA)
  • Large pharmaceutical companies (such as Pfizer, Moderna, Johnson & Johnson, AstraZeneca)
  • Technology and patent holders
  • Industrial nations interested in the status quo of patent law

If the USA, the EU, Great Britain, and Switzerland continue to oppose the waiver, it is believed that lobbying activities of the industry have had a strong influence on their stance.

Conclusion

Explicit, publicly confirmed information about which countries or organisations Willems personally represents or advises in relation to the WTO TRIPS-Waiver proposal is not available. Indications and the context of the industry suggest that possibly interest representatives of the western pharmaceutical industry and state actors with similar agendas could be among his clients – this is, however, speculative and not verifiable.

Recommendation: For a reliable attribution, public records, lobbyist registers (such as the "Lobbying Disclosure Act Database" in the USA) or direct inquiries to Akin Gump or Clete Willems should be consulted.

In the article, Willems' remarks focus primarily on demand and distribution issues related to vaccines rather than the WTO proposal. He did not express any opinion on the controversial WTO proposal regarding a waiver for patent protections on COVID-19 vaccines. Willems' comments suggest that the current issue is not a scarcity of vaccines but rather the lack of demand and inefficient distribution channels. He also mentioned that the distribution channels for vaccines could be improved for those who want them but cannot get them. The article does not discuss the potential implications of the WTO proposal. Some individuals who earlier supported such a move are currently silent on the WTO proposal, according to the article. The article discusses the current status and potential outcomes of the WTO proposal.

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