In the Geneva Health Files, we proposed a robust Pathogen Access and Benefits (PABS) system that imposes binding obligations on users of biological materials and genetic sequence data (GSD) to make mandatory monetary contributions. PABS is necessary but not sufficient to ensure equity. There is still important work to do on intellectual property waivers and technology transfers. But PABS is important. The Africa Group and the Equity Group are unlikely to acquiesce to a treaty without a strong PABS system. At the same time, GHF recently reported that the pharma industry is warming up to PABS, but wants unconditional access sans benefit sharing obligations. That’s a non-starter.
Article 12 of the March 7th negotiating text released by the INB Bureau adopts the monetary platform we proposed, but not entirely in the way we recommended. Here, we propose vital improvements to Article 12 that are important for the demandeurs for equity. We focus on monetary contributions but also recognize the importance of non-monetary benefits such as real-time contributions from manufacturers out of their production.