President Trump has a new opportunity to secure intellectual property victories during the upcoming review of the U.S.-Mexico-Canada Agreement (USMCA). Originally, the trade deal aimed to enhance protections for American innovators by preventing foreign competitors from exploiting biotech research. However, the final agreement failed to include a key provision that would have required Mexico and Canada to offer 10 years of regulatory data protection for biologics—critical for recouping investments and reducing drug prices. This provision was excluded at the last minute under pressure from then-House Speaker Nancy Pelosi, whose support was necessary to pass the agreement. With a new Congress now in place, Trump’s administration is encouraged to push for the original terms during the review, potentially boosting innovation, reducing costs, and enhancing U.S. leadership in biotech and pharmaceuticals.
The USMCA review offers the Trump administration a chance to hold Mexico and Canada to the commitments they made, particularly highlighting Mexico’s failure to implement patent-enforcement systems and copyright protections. The Trump administration recently added Mexico to the Special 301 Priority Watch List due to persistent intellectual property violations. These issues have undermined the protections that American innovators were supposed to gain from the trade pact. Strengthening intellectual property protections could lead to more affordable treatments for patients and high-paying jobs in emerging industries, reinforcing the U.S. position in critical 21st-century sectors.