Under A Market Logic, Even Pathogens Have Proud Owners
Live LawExactly after four years of the Covid-19 hit the globe, WHO is ready with a draft negotiating text of the Pandemic Agreement with 'prevention, preparedness and response' as its purpose. The draft defines 'pathogen with pandemic potential' as “any pathogen that has been identified to infect a human and that is: novel or known, potentially highly transmissible and /or highly virulent with the potential to cause a public health emergency of international concerns”. Article 12 para 3 speaks about a Party who has access to a pathogen with pandemic potential and sharing of the pathogen genetic sequence with the WHO. Then article 12 para 12 states the draft treaty is consistent with the Nagoya Protocol to the Convention on Biological Diversity and PABS is applicable access and benefit-sharing system for biological materials and genetic sequence with pandemic potential. The theoretical confusion concerns as to whether the draft sees pathogen as a perilous entity capable of producing havoc or a useful biological resource for the country of origin or access.