Regimes in Conflict? Controversies over Access and Benefit Sharing and Sharing of Virus Samples

• Published in: European journal of risk regulation Vol. 8; no. 3; pp. 573 - 579
• Main Author: SRINIVAS, Krishna Ravi
• Format: Journal Article
• Language: English
• Published: Cambridge, UK Cambridge University Press 01-09-2017; Cambridge UNIVERSITY PRESS
• Subjects: Influenza; Laboratories; Law schools; Pandemics; Public health; Risk assessment; Sovereignty; Vaccines; Viruses
• ISSN: 1867-299X; 2190-8249
• DOI: 10.1017/err.2017.47

Use of SMTA2 leaves open the issue of intellectual property rights and this can be negotiated between WHO and the recipient but there is no explicit prohibition or bar on getting such rights by the recipient through the use of the material. [...]the recipient can get patent protection for vaccine developed through the use of the shared material but will have to fulfil the benefit-sharing obligations. When a non-GISRS institution transfers materials to another non-GISRS institution there is no provision for any penalty or sanction. Besides sharing influenza viruses there is also a global system for sharing of data run as a non-profit initiative. [...]instead of an explicit inclusion or exclusion, it was decided that such genetic resources would be covered by general provisions under Article 3 and 4 and specifically addressed in Article 8(b). [...]I would suggest that the options expressed in the WHO study should be examined further and that the WHO should welcome suggestions on mechanisms to enhance better access to virus samples without contravening the Protocol or the Framework.