Pandemic Treaty Negotiations after COVID-19: Issues and Challenges Toward a Pathogen Access and Benefit-Sharing System

Abstract

In the wake of the COVID-19 pandemic, the international community recognized the need to strengthen international health security systems to prevent, prepare for, and respond to the spread of infectious diseases, with the result that negotiations for a pandemic treaty are underway. A major focus of these negotiations is the establishment of a system of pathogen access and benefit-sharing, in connection with which discussions have been ongoing, informed by assessments of COVID-19 situations, about the need to ensure equitable access to vaccines. While several frameworks exist regarding access to genetic resources and the sharing of benefits derived from their use—including the Convention on Biological Diversity, the Nagoya Protocol on Access to Genetic Resources, and the Pandemic Influenza Preparedness Framework (PIP Framework)—no system is in place for sharing non-influenza pathogen samples, related genetic sequence data, and benefits arising from their use. Such a system could be modeled on the genetic sequence sharing mechanism used during the COVID-19 pandemic or the PIP Framework’s Standard Material Transfer Agreements (SMTA). However, further discussions are likely needed before the international community can implement this system.