Following the Covid-19 pandemic, member states of the World Health Organization (WHO) are currently negotiating a Pandemic Preparedness Agreement to prepare the world for future pandemics. The draft agreement includes a mechanism for pathogen access and benefit-sharing under Article 12, which requires users of pathogens with pandemic potential, such as vaccine manufacturers, to provide fixed percentages of vaccines, therapeutics, and diagnostics to the WHO in case of a pandemic as well as annual payments.
One key challenge in the negotiations is whether access to sequence data should be limited as an enforcement mechanism for this mechanism. However, there is no research on how de-coupled approaches to benefit-sharing, that is, approaches that do not limit access to pathogen material and data, could be used to monitor compliance. Our research investigates the sequence data disclosed in patent applications as an indicator for benefit-sharing and compliance monitoring.
Using bioinformatics tools, we identify the users of nucleotide sequences from pathogens with pandemic potential. Our preliminary data suggests that 98% of patents disclosing nucleotide sequence data from pathogens with pandemic potential relate to vaccines, therapeutics, or diagnostics. However, these patents often include sequences from various organisms, not exclusively pathogens with pandemic potential under the WHO agreement. This indicates that this potential monitoring mechanism would also need to be harmonized with other international instruments governing access and benefit-sharing such as the Convention on Biological Diversity.
The project is part of a work stream within the NIH-funded consortium Pathogen Data Network led by the Swiss Institute of Bioinformatics and part of a work package of the European Viral Outbreak Response Alliance funded by the European Union's HORIZON program.
Ansprechpartner: Peter Slowinski
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