As IGWG3 begins, MSF urges negotiators to ensure that the Annex provides clear provisions that concretely support equitable access and protect access needs in humanitarian settings.
Access and benefit-sharing are equal and interlinked; supporting them with mandatory obligations in the contract between Participating Manufacturers and WHO to guarantee the supply of health products to WHO for subsequent equitable allocation is essential. We welcome this aspect as included in the draft text.
However, we are unclear on the following:
- How will WHO determine the level of flexibility (as stated under C.3) concerning additional benefit-sharing obligations for Participating Manufacturers, and how will benefit-sharing options including technology transfer, non-exclusive licensing, and equitable access during PHEIC be included in contracts?
- How will obligations of other participants to the PABS System be made specific to ensure equitable access, particularly if PABS Materials and Sequence Information are transferred to third parties for commercial use?
- Will the contracts signed between Participating Manufacturers and WHO be publicly available?
- How will the allocation of health products under PABS be governed and operationalized?
MSF’s experience with Ebola treatment development showed that while clinical samples of Ebola patients and survivors were collected and sent to laboratories around the world to support research and development, there were no clear obligations to ensure equitable access to the final products. Additionally, the agreements governing the use of these samples were not publicly available. PABS should address and prevent such situations from reoccurring.
MSF is ready to support the negotiation process and calls the IGWG Bureau and Member States to share daily negotiation progress, and to invite stakeholders to observe the drafting group discussions.
