The US international Trade Commission (ITC) is currently conducting an investigation to decide whether to extend the Intellectual Property (IP) waiver from COVID-19 vaccines to COVID-19 diagnostics and therapeutics. This extension would not improve access but would undermine research and development efforts of industry in the continued fight against COVID-19 and future pandemics. Therefore, AmCham EU recommendations to policymakers would be to facilitate open trade and address regulatory barriers (including measures to reduce tariffs, limit export restrictions and support developing countries in enhancing their supply chains) and build robust delivery of vaccines and therapeutics addressing bottlenecks.