Shift in Position: Pharma Industry is Warming Up to "Pathogen Access & Benefits Sharing", But Wants Unconditional Access Sans Obligations on Sharing Benefits

Newsletter Edition #75 [Treaty Talks]

Hi,

Today we bring you a timely story on the initial rumblings of interest from the pharmaceutical industry in favor of a new mechanism on pathogens access and benefits sharing (PABS), a much-vaunted feature in the on-going negotiations towards a new Pandemic Agreement at World Health Organization.

True to style, in line with prevailing power dynamics, the industry wants to be able have a say in the terms of such an arrangement. While it emphasizes equitable roll out of medical products during emergencies, it is not in favor of a “sales tax” - shorthand for sharing benefits.

That the industry is interested in this mechanism, after spending months denying the need for such a system, provides a necessary fillip to the slow but sure progress in the discussions among WHO member states towards a new legal instrument to govern pandemics.

Later today, countries will be discussing Article 12 on PABS, in the negotiating text of the Pandemic Agreement. It has been our every effort to bring our readers information, and fast-evolving positions of various stakeholders invested in this process.

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Until later.

Best,

Priti

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Illustration Credit: Amy Clarke, Chembe Collaborative

I. BREAKING: INB9

Shift in Position: Pharma Industry is Warming Up to "Pathogen Access & Benefits Sharing", But Wants Unconditional Access Sans Obligations on Sharing Benefits

Industry interest could help reach consensus on new mechanism for accessing pathogens and sharing benefits in a Pandemic Agreement, if countries agree on matters of data, contributions and binding contracts.

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Not far from where WHO member states gather to negotiate a new instrument to govern pandemics, a leading association representing the pharmaceutical industry, is located in a glitzy all-glass building, close to the World Trade Organization on the shores of Lac Leman. Industry interests may be inching closer to discussions at WHO.

The industry has now mapped an attractive opportunity in a new Pandemic Agreement on accessing information on pathogens, while considering a real-time contribution of medical products during pandemics.

In a shift in position, pharmaceutical manufacturers are warming up to a potential new mechanism on pathogen access and benefits sharing mechanism in global health, currently being discussed among WHO member states in the context of a new Pandemic Agreement.

In a select press briefing this week, conducted by the International Federation of Pharmaceutical Manufacturers Association (IFPMA), Thomas Cueni, who heads the organization representing more than scores of companies globally, told reporters, that a new mechanism could provide legal certainty to access information on pathogens, while emphasizing free access to information on pathogens, while resisting any obligations on monetary contributions labelling it as “sales tax”. (The briefing was organized by the Association of Accredited Correspondents at the United Nations.)

This crucial shift in position, albeit with caveats and riders is nevertheless significant, given that the industry had shown little interest in such a mechanism often suggesting it was a bad idea to link access to pathogens with benefits. To be sure, it is still not in favor of linking access and benefits, but now sees the legal certainty in such a mechanism. That is crux of the leverage the developing countries are seizing on.

A change in position at this stage of the negotiations, reveals several shifts. One that the industry is interested in this potential new mechanism. This follows a near unanimous agreement among WHO member states on the need for such a mechanism (during the previous meeting of the INB), no matter prevailing divergences on what elements of such a mechanism should be. Also read this, in the context of potential new obligations on surveillance measures in the context of the Pandemic Agreement. The industry certainly does not want to lose out on potential new business opportunities.

This story looks at the various motivations and expectations of the industry with respect to the PABS mechanism. Later today, the INB is expected to take up Article 12 of the Pandemic Agreement for discussion. Recall, that countries have spent weeks in several informal sessions leading up to the current negotiating text that has appeased developing countries to an extent, even as it is seen as a step back by developed countries.

Many believe, a pandemic agreement hinges on the success of reaching consensus on such a mechanism. Therefore, the industry’s conditional support at this stage could be potentially game-changing for this discussion. This also puts into perspective the alleged limitations and the lack of policy space that developed countries have often indicated with respect to their abilities to set the terms in this process vis-à-vis the industry.

The timing of a recent announcement by the IFPMA, is lost on one. Days earlier, the industry presented its vision for achieving equitable access during pandemics.

Image Credit: Photo by Luis Merlos Vega, Pexels