What a Fustercluck!
Tomorrow is the last day of the scheduled negotiations for the proposed "Pandemic Treaty." What do you think the odds are that they are going to need more time?
I do not expect anyone to read the detailed text of this article.
This article is written in order to give you just a small taste of the current status of the negotiations for the proposed “Pandemic Treaty.”
The text below is the leaked negotiating text for just one Article of the document, as of Saturday, March 23, 2024.
Each section of the current text is followed by proposed edits to that section of text.
Abbreviations for the names of the various nations that submitted the proposed edits are listed within the brackets that include the text that they proposed.
“DEL” means that the nations listed within the bracket wish to DELETE the proposed text.
As an understatement, it seems like they have quite a long way to go before they reach consensus!
Article 11. Transfer of technology and know-how
1. In order to enable sufficient, sustainable and geographically-diversified production of pandemic-related products each Party, taking into account its national circumstances, shall:
PROPOSED EDITS:
In order to [enable (DEL AF GROUP + EGY, PSE, SYR, IRN)]
[in order to ensure (AF GROUP + EGY, PSE, SYR, IRN)]
sufficient, sustainable and geographically-diversified production of pandemic-related [health (EU, JPN, TUR, UK)]
products each Party [for the attainment of the objectives of this instrument (COL, BRA, GTM, SLV, MEX, PSE, CRI, DOM, IDN, FJI, SYR, NGA, PRY, BOL)]
[taking into account its national circumstances (DEL COL, BRA, GTM, SLV, ARG, MEX, CRI, DOM, IDN, FJI)],
shall [enhance cooperation through facilitating the following measures on voluntary and mutually agreed terms (JPN, CHE, ISR, CAN) (DEL PAK, IDN, NAM, BGD, SYR, ZAF, FJI, MYS, IRN, NGA, AF GROUP + EGY)]:
(a) promote and otherwise facilitate or incentivize the transfer of technology and know-how for both pandemic-related and routine health products, including through the use of licensing and collaboration with regional or global technology transfer partnerships and initiatives, and in particular for the benefit of developing countries and for technologies that have received public funding for their development;
PROPOSED EDITS:
promote [and otherwise facilitate or incentivize (DEL EU) (RETAIN KEN)]
the [voluntary (EU, CHE) (DEL NGA, IRN)]
transfer of technology and know-how for [both (DEL USA, CAN, ROK, AUS)]
pandemic-related [[and routine (DEL USA, CAN, ROK, QAT, AUS, ISR, IND, JPN)] health products],
[on voluntary and mutually agreed terms, (USA, CAN, ROK, AUS, UK, ISR, JPN, CHE, EU) (DEL NGA, IRN, FJI, SYR)]
including through the use of [worldwide, transparent and non-exclusive (COL, BRA, GTM, SLV, MEX, CRI, FJI, CHN, PHL, IDN, HON)]
licensing and collaboration with regional or global technology transfer partnerships and initiatives [including those coordinated by the WHO (MYS, COL)],
and in particular for the benefit of developing countries [at all times (PSE, TUN, NGA, SYR)]
and for technologies that have received public funding for their [research and (COL, BRA, GTM, SLV, MEX, CRI, CHN, FJI, HON)] development;
(b) promote the timely publication by private rights holders of the terms of licensing agreements and/or technology transfer agreements for pandemic-related products, in accordance with national laws;
PROPOSED EDITS:
promote the [timely (DEL EU) (RETAIN NGA, IRN)]
publication by [public or (COL, BRA, GTM, SLV, MEX, CRI)]
private rights holders of the terms of [voluntary (EU, CHE) (DEL NGA, IRN)]
licensing agreements and/or technology transfer agreements for pandemic-related [health (USA, EU, TUR, QAT, UK, ISR)]
products, in accordance with [national (DEL EU)]
[domestic (EU)] laws
[and policy (EU)];
(c) make available licenses, on a non-exclusive, worldwide and transparent basis and for the benefit of developing countries, for government-owned pandemic-related products, and shall publish the terms of these licenses at the earliest reasonable opportunity and in accordance with national laws; and
PROPOSED EDITS:
[pandemic emergencies, (USA, NZL, ISR) (DEL NGA, IRN)]
[make available licenses (DEL EU, CHE, UK)]
[promote the voluntary licensing (EU, CHE, UK, ISR, CHE) (DEL NGA, IRN, FJI)],
on a [non-exclusive, [worldwide (DEL EU, UK) (RETAIN NGA, IRN)]
and transparent (DEL UK) (RETAIN NGA, IRN)]
basis [and for the benefit [of manufacturers and (BGD, PSE, NGA, SYR)]
of developing countries (DEL USA)],
[for (DEL EU, UK)]
[where the party is the owner of all the rights in (a) (EU, UK)]
[government-owned (DEL EU, UK)]
pandemic-related [products (DEL USA, JPN, NZL)]
[pandemic related technologies for which licenses could be made available (PAK, PSE)]
[technologies (USA, JPN, NZL, ISR)],
and [[shall (DEL USA, NZL, ISR)]
publish (DEL EU, UK)]
[the publication of (EU)]
the terms of these licenses at the earliest reasonable opportunity and in accordance with
[national (DEL EU, UK)]
[domestic (EU, UK)]
laws [and policies (EU, UK)]; and
(d) provide, within its capabilities, support for capacity-building for the transfer of technology and know-how for pandemic-related products.
PROPOSED EDITS:
provide, within its capabilities [and subject to available resources and applicable law (USA, ISR)],
support for capacity-building for the [voluntary (EU, CHE)]
transfer [on mutually agreed terms (EU)]
of technology and know-how for pandemic-related [health (USA, TUR, QAT, ISR)]
products [particularly to developing countries (COL, BRA, GTM, SLV, TUN, MEX, CRI, NGA, PHL, SYR, MYS)]
[on voluntary and mutually agreed terms (USA, CAN, EU, AUS, ISR, CHE) (DEL NGA, IRN, FJI, SYR)].
[(e) Make available the regulatory dossiers of the government-funded pandemic-related products to WHO for further sharing of the same with regulatory agencies and production facilities mentioned under subparagraph 2(a) of Article 10 (BGD, PSE, NAM, FJI, MYS)]
[SUPPORT Bureau text for Para 1: IND]
2. The Parties shall develop and strengthen, as appropriate, mechanisms coordinated by WHO with the participation of other relevant technology transfer mechanisms as well as other relevant organizations, to promote and facilitate the transfer of technology and know-how for pandemic-related products to geographically diverse research and development institutes and manufacturers, particularly in developing countries, through the pooling of knowledge, intellectual property, know-how and data to all developing countries.
PROPOSED EDITS:
The Parties [hereby establish and (BGD, MEX, PSE, MYS)]
shall develop and strengthen, as appropriate, mechanisms [that facilitate the transfer of technology and know-how for pandemic related health products on voluntary and mutually agreed terms. Such mechanisms may be (USA, QAT, JPN)]
coordinated by WHO [and partnerships with other United Nations entities and relevant international organizations to promote synergies, complementarities, and coherencies, (PSE, TUN, IRN, SYR)]
[in conjunction (USA, QAT)]
with [the participation of (DEL USA, QAT)]
other relevant technology transfer mechanisms [and (USA, QAT)]
[as well as (DEL USA, QAT)]
[with the participation of (USA)]
other relevant organizations, [to promote and facilitate [voluntary (UK, CHE, CAN, QAT)]
the transfer of technology and know-how [on mutually agreed terms (UK, JPN, CHE, CAN, QAT)]
for pandemic-related products to geographically diverse research and development institutes and manufacturers, particularly in developing countries,
[including through transfer hubs and technology pools (CAN, BRA)]
[[referred to under Art 10.2a (BGD, PSE)]
through (DEL USA, QAT) (RETAIN TUN)]
[and may include (USA, QAT, JPN)]
the pooling of knowledge, [on a nonexclusive worldwide and transparent licensing of (COL, BRA, TUN, GTM, SLV, MEX, CHN, IRN, IDN, PHL, CHL, BGD, PSE, SYR, MYS, CUB, FJI, QAT, ECU, VEN), HND]
intellectual property, know-how and data [to all [especially to (COL, BRA, TUN, GTM, SLV, MEX, PHL, MWI, IRN, CHL, PSE, SYR, CHN, CUB, FJI, BGD, QAT, ECU, VEN, HND)]
developing countries [(DEL USA) (RETAIN BRA, CUB, NIC)]
[at all times (PSE, SYR, TUN, CUB, NIC)] ] (DEL CAN)].
[Alt 2: The Parties shall develop and strengthen as appropriate, mechanisms for the voluntary pooling of knowledge, intellectual property, know-how and data aimed to promote the voluntary transfer of technology and on mutually agreed terms of technology and know-how for pandemic-related health products to geographically diverse research and development institutes and manufacturers, particularly in developing countries (EU).]
RETAIN Bureau's text: MYS, AG + EGY, IND, FJI
3. During pandemics, in addition to the undertakings in paragraph 1 of this Article, each Party shall:
(a) encourage holders of relevant patents regarding pandemic-related products, in particular those who received public funding, to forgo or otherwise charge reasonable royalties to developing country manufacturers for the use, during the pandemic, of their technology and know-how for the production of pandemic-related products; and
PROPOSED EDITS:
encourage holders of relevant patents [regarding (DEL EU) (for (EU)]
pandemic-related [health (USA, EU)]
products, in [particular (DEL EU) (including EU)]
those who received public funding, to
[, on voluntary and mutually agreed terms, (USA, JPN, AUS)]
[forgo [royalties (EU)]
or otherwise (DEL JPN, CAN)]
[charge (DEL EU) (licensed any relevant patent EU)]
reasonable royalties to developing country manufacturers for the use, during the pandemic, of their technology and know-how for the production of pandemic-related [health (USA, EU)]
products [;with the aim to increase the availability and affordability of such products to Parties in need; (EU)] [and (DEL EU)]
(b) consider supporting, within the framework of relevant institutions, time-bound waivers of intellectual property rights to accelerate or scale up the manufacturing of pandemic related- products to the extent necessary to increase the availability and adequacy of affordable pandemic related- products.
PROPOSED EDITS:
[[in the case that the intellectual property rights are deemed a barrier to access, take appropriate measures to support (BRA, COL, GTM, SLV, FJI AG + EGY, TUN, IDN, NIC, MYS, IRN)]
[[consider (DEL CHN, BGD, AG + EGY, IDN, IRN, VEN)]
supporting (DEL BRA, FJI, AG + EGY, IDN, TUN, IRN)],
within the framework of relevant institutions, [time-bound waivers of (DEL ROK) (RETAIN BGD)]
[compulsory licensing of TRIPS Agreement (ROK)]
intellectual property rights [, technology transfer and know-how to the manufacturers with technology capability and capacity (CHN, BGD, AG + EGY, IDN, TUN, CUB, SYR, IRN, VEN)]
to accelerate or scale up the manufacturing of pandemic -related products to the extent necessary to increase the availability and adequacy of affordable pandemic -related products. (DEL USA, EU, CHE, CAN, UK, JPN)]
[c. compel manufacturers within its jurisdictions to share undisclosed information, as defined in art 39.2 of the TRIPS agreement, with qualified third-party manufacturers where such information prevents or hinders urgent manufacture by such qualified third parties of a pharmaceutical product that is necessary to respond to a pandemic. (COL, BRA, SLV, GTM, AG + EGY, NIC, IDN, VEN, ARG) (DEL EU, JPN, UK, AUS, USA)]
RETAIN Bureau’s text: AG + EGY, IND
4. The Parties that are WTO Members recognize that they have the right to use to the full, the flexibilities inherent in the TRIPS Agreement as reiterated in the Doha Declaration on the TRIPS Agreement and Public Health of 2001, which provide flexibility to protect public health including in future pandemics, and shall fully respect the use thereof by others.
PROPOSED EDITS:
The Parties [who are members of the (PSE, SYR, TUN)]
[that are (DEL PSE, SYR, TUN)]
WTO Members [reaffirm (BGD, BRA, NIC, PAK, SYR, AG + EGY, COL, SLV, GTM, MYS, FJI, NGA, JPN)
[recognize (DEL BGD, BRA, NIC, NAM, PAK, SYR, AG + EGY, FJI, NGA, JPN)]
that they have the right to use to the full[-est extent (MYS, BGD)],
the [[flexibilities [inherent (DEL CAN)]
in the (RETAIN MYS, BGD)] (DEL USA, NZL, JPN)
[WTO (USA, NZL, JPN)]]
TRIPS Agreement [including those (MYS, BGD)]
[as [reiterated (DEL BGD, NIC, NAM, IDN, FJI)
reaffirmed (BGD, NIC, NAM, IDN, FJI)] (DEL BRA, COL, GTM, SLV, TUN, FJI)]
in (DEL USA, NZL, JPN)
[and (USA, NZL, JPN)]]
the Doha Declaration on the TRIPS Agreement and Public Health of 2001, which provide flexibility to [take measures to (PAK, SYR)]
protect public health including in future pandemics, [and shall fully respect the use thereof by others (DEL USA, EU, UK, QAT, CHE, NZL)].
[4bis. The Parties shall not challenge, or otherwise exercise any direct or indirect pressure on the Parties that undermine the right of WTO Members to use TRIPS flexibilities at any multilateral, regional, bilateral, judicial or diplomatic forum. (BRA, COL, GTM, SLV, NIC, TUN, ARG, AG + EGY, BGD, FJI, PHL, PAK, IDN) (DEL EU, JPN, USA, UK, NZL, ROK, CAN, CHE)]
[4alt. Nothing in the TRIPS Agreement, the Doha Declaration on the TRIPS Agreement and public health of 2001 and subsequent relevant decisions, which provide flexibility to protect public health including in future pandemics, shall be construed as preventing the WTO Members from taking measures to protect public health and to promote equitable and universal access to health products under this Agreement. (IRN, SYR, PSE, TUN, CHN, BLR, FJI, PAK) (DEL EU, USA, CAN, CHE)]
RETAIN Bureau’s text: RUS, IND
5. Each Party shall, as necessary and appropriate, review and update its national legislation in order to ensure the implementation of such flexibilities referred to in paragraph 4 of this Article in a timely and effective manner.
PROPOSED EDITS:
[Each Party [that is a Member of the WTO (PSE, IRN)]
[shall (DEL CHE, AUS) may (CHE)] [will endeavor to (AUS)],
[review and consider amending (USA)]
as necessary and appropriate, [review [and update (DEL USA)] (DEL EU, CHE)]]
its [national (DEL EU)
domestic (EU)]
legislation [in order (DEL USA)]
to [ensure (DEL EU, CHE)
enable (EU, CHE)]
[it is able to implement (USA)]
[the implementation of such flexibilities [for the protection of public health (MYS, BGD, TUN)]
referred to in paragraph 4 of (DEL USA) (RETAIN TUN)]
this Article in a timely and effective manner [including ensuring adequate exceptions and limitations in their intellectual property laws and regulations to facilitate the manufacture, export and import of the health products needed during health emergencies (BGD, TUN, SYR)] (DEL CAN)].
RETAIN Bureau’s text: RUS, BRA, NIC, IND, FJI, TUR
6. The WHO Secretariat shall work towards the improvement of access to pandemic-related products, especially during pandemic emergencies, through transfer of technology and know-how, including through cooperation with relevant international organizations.
PROPOSED EDITS:
The [WHO (DEL EU)]
Secretariat [, in cooperation with relevant international and regional organizations and other stakeholders, (EU)]
shall work towards [supporting (EU)]
the [implementation of the provisions of this article (EU]]
[improvement of access to pandemic-related products, especially during pandemic [emergencies (DEL AG + EGY)],
[and humanitarian emergencies settings (PSE, IRN)]
through [mechanisms for the (COL, FJI, BRA, GTM, SLV, IRN)]
[promoting the (JPN)] transfer of technology and know-how
[on voluntary and mutually agreed terms (JPN, CAN, CHE)],
[at all times (PSE, SYR, IRN)]
including [in (COL, FJI, BRA, GTM, SLV, IRN)]
[through (DEL COL, FJI, BRA, GTM, SLV, IRN)]
cooperation with relevant international organizations (DEL EU)].
[In this regard, the WHO Secretariat shall:
a) maintain a database of pandemic related products containing information on their specifications, manufacturing process, design etc and provide access to manufacturing facilities under Article 10.2(a) as well as other manufacturers on the condition of supplying at affordable price.
b) establish a biobank to create a repository of relevant biomaterials required for the production of pandemic related products. (BGD, PSE) (DEL USA)]
[alt. The WHO Secretariat, in collaboration with relevant international organizations, including the WTO and the WIPO, shall work to address issues related to improving access to pandemic related health products during pandemic emergencies (USA, UK, AUS, CHE, NZL, CAN).]
RETAIN Bureau’s text for para 6: TUN, RUS, IND
[7. A transfer of technology committee is hereby established. The Committee shall develop and adopt guidelines on the identification of technologies and know-how necessary to attain the objectives of this Agreement. (COL, BRA, GTM, SLV, PER)]
SOURCE:
https://www.keionline.org/39564
https://www.keionline.org/wp-content/uploads/POLITICO-23march2024-inb9-chapter11.pdf
SOME INTELLECTUAL PROPERTY CLAIMS RELATED TO PATHOGENS THAT CAN CAUSE PUBLIC HEALTH EMERGENCIES:
Many thanks to Mrs. H. for bringing this information to my attention - YOU are an angel.
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