Today, member states of the World Health Organization will reunite as the Intergovernmental Negotiating Body to negotiate the text of an international instrument on pandemic prevention preparedness and response. Flexibilities around intellectual property protection must feature prominently in any agreed-upon approach for how to handle the next pandemic.
To date, the United States, Germany, and several other member states have rejected proposals for a pandemic agreement that involve loosening patent standards, insisting that intellectual property protection is essential to health innovation. What they do insist on, however, are binding commitments by all countries to share all information about pathogens and new variants, which would then be provided to pharmaceutical companies to develop new therapeutics and vaccines.
In response, a group of 29 “developing” countries are insisting that a commitment to share information be paired with a commitment to share benefits through IP flexibilities and funding support.