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
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
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