“The Accord should commit parties to waive relevant intellectual property rights in all national and multilateral agreements when a public health emergency of international concern is declared by WHO. There is.” – Comments from the People’s Vaccine Alliance
The People’s Vaccine Alliance this week issued comments on a draft pandemic agreement currently being considered at the 4th meeting of the Intergovernmental Negotiating Body (INB) at the World Health Organization (WHO). The organization criticized the draft for lacking strong language mandating WHO member parties to share knowledge and intellectual property during the pandemic.
The Zero Draft is being discussed at the INB meeting from 27 February to 3 March, and the organizations will decide later whether it will form the basis for negotiations on a pandemic prevention agreement. Afterwards, the INB will hold another meeting from 3-6 April and will report on progress on the agreement at the 76th World Health Assembly in May.
The People’s Vaccine Alliance found some good things in Zero Draft. However, the group asked for more specific language on intellectual property issues, among other topics.
Piotr Kolczyski, EU Health Policy and Advocacy Advisor for Oxfam and the People’s Vaccine Alliance, said at the 4th INB conference: Pandemic agreements should therefore include a commitment by Member States to waive intellectual property rules on medical technology related to such pathogens. [with pandemic potential]”
How Intellectual Property Fits into a Pandemic
The group asked WHO to recognize two points related to intellectual property rights in the Zero Draft and the final Pandemic Agreement.
First, WHO should recognize that “in cases of dispute, the right to health takes precedence over intellectual property rights.”
Second, and more specifically, the group called on WHO to endorse the provisions of a United Nations treaty body called the Committee on Economic, Social and Cultural Rights (ESCR). social function. Contracting States are therefore obliged to prevent intellectual property and patent law regimes from undermining the enjoyment of economic, social and cultural rights. “
The People’s Vaccine Alliance also had specific requests related to various Zero Draft articles related to intellectual property rights.
In some cases, the group agreed with the intent behind the article, but demanded stronger language to achieve a specific purpose. We cited Sections 7.3(c) and 9.2, which contain provisions that condition the receipt of increasing public funds. Here, civil society organizations have asked the WHO to change from “encouragement” to “obligation” for companies to share certain information and rights when receiving public funding.
Intellectual Property Waiver
Similarly, the People’s Vaccine Alliance took issue with the wording of an article setting standards for waiving intellectual property rights. The group commented that the wording of this provision should be strengthened instead of using words such as qualifiers such as “to the extent necessary”.
Instead of broad clause 7.4(a), the People’s Vaccine Alliance writes: “
The Zero Draft also includes a clause on the TRIPS Agreement stating that WHO Parties will “make the most of the flexibility offered by the TRIPS Agreement”. However, the People’s Vaccine Alliance hopes that member states will use national legislation to require WHO to “involuntarily share rights to patents, data, know-how and biological resources necessary for pandemic response.” is.
Overall, the People’s Vaccine Alliance argued in its comments that WHO imposes obligations on Member States to share knowledge and intellectual property. Additionally, the group hopes to significantly increase funding for the public health system.
“Investing in a country’s public health system not only protects its citizens from outbreaks, communicable diseases, and pandemics, it also helps protect citizens of other countries…pandemic preparedness. Funding for and response is the backbone of the successful development and production of medical technology,” Kolczy said. ski.
Industry reaction
The International Federation of Pharmaceutical Manufacturers’ Associations (IFPMA) also issued a statement at the fourth meeting of the INB. Industry groups representing pharmaceutical companies have had mixed reactions to the Zero Draft for different reasons than the People’s Vaccine Alliance.
“We are deeply concerned that key elements of the Zero Draft will undermine both the innovation ecosystem and immediate access to pathogens,” the group said at the conference.
In July 2022, IFPMA released a statement called the Berlin Declaration, calling for a more equitable pandemic preparedness and response. But the People’s Vaccine Alliance said the statement runs counter to the fact that the pharmaceutical industry’s position on intellectual property “hampers further scientific research.”
IFPMA also stood in stark contrast to the People’s Vaccine Alliance on Zero Draft.
The IFPMA said, “Undermining IP will not lead to a better response to the pandemic and will be counterproductive by undermining the R&D ecosystems that develop pandemic technologies.”
IFPMA then cited the Berlin Declaration as a statement of the pharmaceutical industry’s commitment to improving equitable access to vaccines and other pandemic treatments. The group also emphasized the importance of multi-stakeholder responses to future global pandemics.
IFPMA concluded its statement by stating that “the private sector should be seen as an important partner and should come to the table.”
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