Statement by Medicines Law & Policy on Article 11, Technology Transfer Intergovernmental Negotiating Body on a Pandemic Accord (INB), Session 12
Delivered at the WHO on Thursday 7 November, 2024
Thank you for the opportunity to speak. Our comments relate to Article 11, and specifically the definition of technology transfer which should be improved. We refer to our statement from Monday, and emphasise that meaningful technology transfer provisions are essential to what this agreement is meant to achieve. Access to know-how is a critical part of technology transfer, and references to it should remain in the final text.
It might be advisable to use an existing definition of technology transfer as the basis for the new footnote 1(j) under Article 11.
The following proposed wording is based on the definition of technology transfer provided by the World Intellectual Property Organization (WIPO):
For the purposes of this Agreement, Transfer of Technology refers to a collaborative process where technology, knowledge and intellectual property is shared with private or public actors to enable production of pandemic related health products.
Parties may have different means to regulate and incentivize technology holders to engage in meaningful and collaborative technology transfer. Article 11 par. 1 reflects this and so does Parties’ domestic laws and practices. In this context we would like to refer to the EU’s proposed EU-wide compulsory licensing regulation which has relevant provisions to ensure access to undisclosed information and know-how when needed in a pandemic context.
We urge member states to avoid weakening Article 11 with words like “consider” or “take measures” rather than “ensure” and adopt”; decisive action is needed to adequately prepare for and respond to pandemics and commitments to this end need to be unambiguous.
All Medicines Law & Policy resources related to the INB are here: https://medicineslawandpolicy.org/pandemic-accord/
