Proposal for a new Article 11bis in the WHO Pandemic Accord: a Pandemic Technology Transfer Mechanism

SOUTHVIEWS NO. 261, 23 APRIL 2024 (The South Centre)

7 Pages Posted: 25 Apr 2024

See all articles by Olga Gurgula

Olga Gurgula

Brunel University London - Brunel Law School

Luke McDonagh

LSE Law; London School of Economics and Political Science

Date Written: April 24, 2024

Abstract

The COVID-19 pandemic demonstrates the failure of voluntary mechanisms during global emergencies and exemplifies the need for effective involuntary technology transfer tools. The WHO Pandemic Accord offers an opportunity to provide an effective mechanism to build upon existing TRIPS flexibilities in the specific pandemic context. We propose a new provision (Article 11bis) that outlines a mechanism on cross-border procedure of non-voluntary technology transfer during a pandemic. This procedure could be invoked in a pandemic scenario in which voluntary technology transfer mechanisms have failed to provide sufficient supplies of a needed pandemic product.

Keywords: Access to Medical Technologies, Access to Medicines, Access to Vaccines, Article 11bis, Compulsory Licenses, COVID-19, Global Health, Health, Health Emergencies, Intellectual Property, Intergovernmental Negotiating Body (INB), Pandemic, Pandemic Accord, Pandemic Instrument, Pandemic Preparedness

Suggested Citation

Gurgula, Olga and McDonagh, Luke, Proposal for a new Article 11bis in the WHO Pandemic Accord: a Pandemic Technology Transfer Mechanism (April 24, 2024). SOUTHVIEWS NO. 261, 23 APRIL 2024 (The South Centre), Available at SSRN: https://ssrn.com/abstract=4806311

Olga Gurgula (Contact Author)

Brunel University London - Brunel Law School ( email )

Kingston Lane
Elliott Jaques Building
Uxbridge, Middlesex UB8 3PH
United Kingdom

Luke McDonagh

LSE Law ( email )

United Kingdom

London School of Economics and Political Science ( email )

United Kingdom

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