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Commercial Awareness Compass

Patent pending: how Trump’s tariff tests global pharma

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Amy Hopkins & Matthew White

Amy is an associate in Osborne Clarke's Intellectual Property Disputes team, based in London. She advises on a broad range of intellectual property issues with a focus on patent disputes and licensing in the biotech and pharmaceutical industries. Matthew is a Senior Associate at Osborne Clarke. He has worked on a number of high profile disputes, where he has been able to utilise his strong technical knowledge to advise clients in the Life Sciences and TMC sectors.

Published Thu, 18 Dec

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President Trump has proposed a one hundred percent tariff on branded and patented pharmaceutical imports. While these were due to take effect by October 2025, companies are still in negotiations and might be eligible for an limited exemption from the tariff if they shift manufacturing to the US or agree to reduce the prices of certain products. The measure is part of a wider plan to rebuild domestic manufacturing and reduce the US trade deficit.

Officials say it will strengthen national security, but the pharmaceutical industry has warned of major disruption to global supply chains and rising drug prices across Europe and beyond.

The proposal raises difficult questions for both governments and lawyers. How would a policy like this reshape pharmaceutical trade? Which countries and companies would bear the greatest cost? And what does this mean for innovation, intellectual property and access to medicines worldwide?

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