Technology Transfer in Global Health – A Post-Pandemic Reckoning for WHO Member States

Newsletter Edition #117 [Treaty Talks]

Hi,

In today’s edition, we go deep into technology transfer in global health, by referring to historical and contemporary developments on these discussions.

Why now? Next week, countries meet yet again for the negotiations towards a new Pandemic Agreement - where provisions on tech transfer has proved to be an impasse for some years now.

My colleague Nishant and I, bring you this analysis as the negotiations reach a likely penultimate phase.

Thank you for reading.

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Until later!

Priti

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Illustration Credit: Amy Clarke, Chembe Collaborative

I. GHF ANALYSIS

Technology Transfer in Global Health – A Post-Pandemic Reckoning for WHO Member States

By Priti Patnaik & Nishant Sirohi

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Obligations on technology transfer have been one of the most difficult discussions in the ongoing negotiations towards a Pandemic Agreement at the World Health Organization. The topic is charged, and has a chequered history in international development across many forums. The failure to ensure technology transfer over the decades, culminated in a demand for a temporary suspension on intellectual property rules at the World Trade Organization, when at the height of the COVID-19 pandemic, developing countries made a desperate bid to diversify manufacturing to meet the global demand for medical products. These largely efforts failed.

The COVID-19 pandemic laid bare the fault lines in global health governance, and hence countries took another opportunity, this time at the WHO to negotiate a treaty to govern pandemics. How countries will address, or walk around the language on technology transfer, will hold the key on whether a new Pandemic Agreement can truly deliver, many believe. Few other provisions divide countries as definitively as this provision (article 11 in the draft Pandemic Agreement).

Technology transfer – the process of sharing intellectual property (IP), know-how, and technology to enable the production and dissemination of essential medical products, including vaccines, therapeutics, and diagnostics, is critical in ensuring equitable access to life-saving interventions, particularly in low- and middle-income countries (LMICs).

So why is this so contentious? There is a confluence of economic, political and commercial factors that determine the commitments on such obligations.

Developing country diplomats say that without meaningful technology transfer, there will be no effective diversification of production, and that in turn will have an impact on supplies, and subsequently, procurement during health emergencies and pandemics.

In this story, we first review proposed new text suggested by the Bureau of the Intergovernmental Negotiating Body on this provision that will be discussed next week. We then look at the historical and contemporary discussions on technology transfer at WHO and at the WTO, and how they come into inform and bear upon the current moment in these negotiations.

Image Credit: Photo by Landiva Weber, Pexels