The Pandemic Access and Benefit Sharing System: Four Elements of a Trusted System

Abstract

Member states of the World Health Organisation are negotiating a new international agreement on pandemic preparedness and updates to the International Health Regulations. One of the most contentious issues in negotiations on the Pandemic Accord is access to pandemic materials and information and benefit-sharing. On the one hand developing countries are seeking to overcome the severe problem of inequity in access to vaccines and other products revealed during the last pandemic. On the other, developed countries are seeking access to samples and sequences from pathogens with no binding obligations to share benefits. The key focus of contestation is the design of the Pandemic Access and Benefit-Sharing System, or PABS.

In this paper we seek to find constructive middle ground by arguing that it is important to focus on elements that build trust that are based on the core interests of both developed and developing countries. To that end we outline the Pandemic Access and Benefit-Sharing Umbrella consisting of four elements: a WHO Coordinated Laboratory and Database Network, a PABS Licence, a PABS Register and an Intellectual Property Framework. We also set out in detail the means of funding of the PABS Umbrella through tiered contributions from State Parties.

By adopting the familiar architecture of a PABS License to build certainty of obligations and responsibilities our model does away with the need to contract individually with manufacturers of products, and provides significant incentive in the form of access to pathogenic materials and information to all who register without discrimination of type of entity; while developing a PABS Register modelled on the EU Horizon programme as an asset that can be mobilized for pandemic preparedness. The PABS License includes the potential for reach-through terms on intellectual property and a triple lock mechanism that provides certainty on when constraints on the exploitation of such rights may be imposed. While elements of the model are prescriptive in outline, the scope of it is capable of holding a range of diverse interests aligned with both developed and developing countries. By building elements of trust, embedding incentives, and constructing assets that work for everybody, the PABS umbrella and IP-framework provides the basis to achieve protection for the populations of all state parties during pandemics.

Keywords: Pandemic Treaty, PABS, Access and Benefit Sharing, License, Pathogens of pandemic potential, monetary contributions, genetic resources