Trump Poised to Address Intellectual Property Protections in USMCA Review

WASHINGTON — President Donald Trump has a forthcoming opportunity to advance intellectual property (IP) protections during the upcoming review of the U.S.-Mexico-Canada Agreement (USMCA), officials said. The USMCA, which replaced the North American Free Trade Agreement (NAFTA), is set for a joint review by the three member countries to assess its implementation and consider updates.

During Trump’s first term, significant efforts were made to strengthen IP provisions within the USMCA. As under secretary of Commerce for Intellectual Property and director of the U.S. Patent and Trademark Office at the time, Andrei Iancu was involved in negotiating these aspects of the trade deal. The administration, led by Trump and U.S. Trade Representative Bob Lighthizer, secured concessions aimed at protecting American innovations from foreign infringement and encouraging U.S. companies to invest in research and expand internationally.

One key provision sought to require Mexico and Canada to provide 10 years of regulatory data protection for biologic medicines—complex drugs derived from living cells. This protection prevents competitors from using clinical trial data to produce generic versions during the exclusivity period, allowing innovators to recoup their substantial investments in research and development. The United States already offers 12 years of such protection domestically.

However, this biologic data protection requirement was removed from the final USMCA agreement at the last moment, officials said. The exclusion occurred despite its potential to level the playing field by aligning Mexico and Canada’s standards more closely with those of the U.S. The original intent was to reduce foreign free-riding on American biotech innovations, which could ultimately help lower drug prices in the United States by enabling inventors to better recover their costs abroad.

The upcoming USMCA review presents a chance for Trump to seek reinstatement of these protections, which were omitted during the legislative process under House Speaker Nancy Pelosi’s leadership. Advocates argue that restoring the provision would support American innovation, promote research and manufacturing jobs, and enhance the competitiveness of U.S. biotech firms in North American markets.

The review process will involve discussions among the three countries on the effectiveness of the agreement and potential modifications. Trump’s administration may use this opportunity to address the intellectual property issues that were left unresolved in the initial pact, according to sources familiar with the matter.