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IASC Governing pooled knowledge resources September, 2012 Rosa Castro

Towards a global system for access and benefit sharing of pathogen materials. IASC Governing pooled knowledge resources September, 2012 Rosa Castro . Sharing pathogen materials. The Influenza case (H5N1) Indonesia, 2007. Avian Influenza H5N1.

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IASC Governing pooled knowledge resources September, 2012 Rosa Castro

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  1. Towards a global system foraccess and benefit sharingofpathogenmaterials IASC Governing pooled knowledge resources September, 2012 Rosa Castro

  2. Sharing pathogen materials The Influenza case (H5N1) Indonesia, 2007

  3. Avian Influenza H5N1 • Estimated pandemic risk of 65 million deaths • Majority of cases in Indonesia • Virus samples needed to develop vaccines, diagnostic kits and for surveillance purposes

  4. Indonesia’s refusal to share • No mandatory international obligations • Samples would be used by pharmaceutical companies with commercial purposes • Vaccines and medicines would be patented • No guarantee that Indonesia would have access to end-products

  5. Two important proprietary issues • Property over samples • Individual rights of donors • Sovereignty of states over their natural resources • Property over technologies (patents and other IP rights) • Patents and A2K

  6. Patents vs. accessa multi-level debate Trade-off between

  7. A “new” global challenge • Influenza preparedness • Access to samples

  8. Patents and access to upstream technologies The “domestic” debate

  9. Biotechnology patents • Patents on upstream technologies • Patents on end-products • Do patents hinder or foster innovation?

  10. Empirical evidence • Ignoring and infringing patents • Problems with publication delays • Problems with sharing biological materials (Material Transfer Agreements MTA’s)

  11. Policy challenges Sharing viruses and pathogens

  12. Property rights & Biological Materials • Influenza samples • MTA’s • Patents? • Property: caught between the commons or anti-commons?

  13. Open access and A2K • Favouring follow-on research • Effects on incentives for R&D activity • Is it enough? Biological materials • Bio-security concerns…

  14. Global rules and Institutions Obstacles or facilitators?

  15. TRIPS • Patent protection • Minimum harmonization • Flexibilities for implementation

  16. Convention on Biological Diversity CBD • Sovereignty over natural resources, biological material, genetic resources • Prior and informed consent PIC • Access and Benefit Sharing ABS

  17. WHO • International Health Regulations 2005 • Pandemic Influenza Preparedness Framework 2011

  18. PIP Framework • Not-binding text • Commitments to share • Commitments to enhance access • 2 Standard Material Transfer Agreements • Between country of origin and WHO (non-commercial) • Between WHO and external users (commercial)

  19. Options

  20. Global alternatives

  21. Comparing policy options

  22. Global health challenges

  23. Global Health Cooperation • Surveillance & Response for global threats • Sharing knowledge between scientific community • Incentives for cooperation

  24. Global Health • Multi-stakeholders; institutions, NGO’s, Industry, scientific community • Multiple issues: trade, health, human rights • Proliferation of institutions and initiatives in need of a coherent framework

  25. Concluding remarks • A system for biological materials? • Balancing incentives to innovate with access • Coherence of the system • Multiplication and fragmentation of GHG institutions

  26. " Shortly after a large-scale clinical trial in 1955, the first inactivated polio vaccine was being injected into tens of millions of people around the world … Asked why he had not obtained a patent on the phenomenally successful vaccine, Jonas Salk reportedly replied, 'that would be like patenting the sun.' ” Alan, Dove, J. Clin Investig 2002; 110:425-7.

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