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THE need for the expansion of markets and materials under hyper-capitalism has seen a renewed interest in oceans and their exploitation. The push for ocean market expansion is also happening hand in glove with the securitisation of ocean governance. Global powers including developed countries and transnational corporations, backed up by multilateral financial institutions, are all competing to obtain and secure access to a new frontier of maritime resources. 

Debates over the scope, terms, and governance of technology transfer–the sharing of essential technical information, know-how, and materials needed to manufacture a health product–are prominent and controversial in international health diplomacy. These debates have become focal points in recent contentious negotiations to amend the  international Health Regulations (IHR) and draft a global Pandemic Agreement. While some countries advocate for automatic or compulsory mechanisms to facilitate access to health technologies, especially in times of crisis, others oppose legal frameworks that mandate non-voluntary participation by the pharmaceutical industry. Also at stake are questions of institutional mandate: the United States has amplified calls by industry that pandemic technology transfer

Developing Countries Vaccine Manufacturers Network International

This statement was delivered by Medicines Law & Policy at the Intergovernmental Negotiating Body (INB), Session 12 (resumed), 4 December 2024

Thank you, co-chairs. We focus our remarks on issues related to technology transfer. Timely access to technology and relevant know-how is essential to pandemic preparedness and response and equitable access to pandemic products.

Voluntary agreements to achieve this, on mutually agreed terms, were always possible. The reality of Covid-19 however has shown that the will to share IP, technology and know-how by rights holders is very limited. Therefore additional action by governments is necessary and this needs to be reflected in the Agreement. 

In this context, a clear statement – known as the peace clause – that parties will not exert any direct or indirect pressure on countries that useTRIPS flexibilities is essential should be included in Article 11.4.

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Countries have failed to reach a landmark agreement on tackling plastic pollution after more than two years of negotiations.

More than 200 nations met in South Korea for what was meant to be a final round of talks.

But deep divisions remained between a group of nearly 100 "high ambition" countries calling for plastic to be phased out and oil-producing nations who warned this would affect the world's development.

"The objective of this treaty is to end plastic pollution not plastic itself, plastic has brought immense benefit to societies worldwide," said the Kuwait negotiators in the final hours.

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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.

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Our goal is clear: to craft an agreement of the highest caliber. We envision a treaty that sets new standards in global health governance, one that is more than merely serviceable but truly transformative. To achieve this, the Africa Group insists on elements of equity and solidarity in all its provisions for all people, everywhere. An agreement not based on equity will be a betrayal to 18% of the world population which is not only the poorest, but also with the health systems that are already challenged to cope with pandemics. Therefore, we cannot accept an agreement not founded on equity. This principle must be fundamental to the treaty, ensuring no nation or individual is left behind in our global response to pandemics.

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A pandemic agreement will only be meaningful if its provisions contribute to changing the status quo. This is particularly important to ensure equity in access to pandemic products. The text before us does not meet this requirement and will need strengthening in the area of pathogen access and benefit sharing and access to and sharing of IP and know-how, including undisclosed information.

Equitable access will also require expanding production capacity in various regions of the world to be ready well before the next pandemic and this requires transfer of technology, know-how and IP.

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The World Health Organization (WHO) has resumed the negotiations for a legally binding international instrument on pandemic prevention, preparedness and response. The goal is to conclude the negotiations in time for adoption by a special session of the World Health Assembly (WHA) in December 2024, or at the Seventy-eighth WHA in May 2025.  

The Group of Equity in the negotiations taking place in an Intergovernmental Negotiating Body (INB) brings together a large number of developing countries.

Click here for the statement delivered by Malaysia on behalf of the Group of Equity at the opening of the 12th session of the INB on 4 November:

A recent article published by HPW based on research by Matthew Herder and Ximena Benavides made several criticisms and observations about the mRNA programme. HPW asked the mRNA co-leaders, the MPP and WHO, to respond to the issues raised and this is their response. 

The mRNA Technology Transfer Programme, established by the World Health Organization (WHO) in partnership with the Medicines Patent Pool (MPP), was launched in July 2021 in response to the COVID-19 pandemic to address the global inequities in vaccine manufacturing. Its primary aim is to build mRNA vaccine manufacturing capacity in low- and middle-income countries (LMICs), thus bolstering health security through local and regional production.

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