Advocacy grows to delink pathogen data access from benefit-sharing obligations in the WHO’s PABS Annex to enable equitable pandemic responses.
Push to Delink Pathogen Data Access from Benefit Sharing
Discussions on the Pathogen Access and Benefit-Sharing (PABS) Annex to the WHO’s Pandemic Agreement remain deadlocked over whether access to pathogen sequence data should be conditional on benefit-sharing commitments. A growing number of stakeholders, including Knowledge Ecology International (KEI), advocate for delinking these two elements to ensure timely data sharing during outbreaks.
Proponents argue that tying data access to future benefits — such as royalties, technology transfer, or vaccine access — creates bottlenecks during early pandemic phases when rapid research and diagnostics development are most urgent. They cite instances during the COVID-19 pandemic where delays in data sharing hampered global response efforts.
The proposed model suggests treating pathogen data as a global public good, immediately accessible upon detection, while separate mechanisms handle benefit-sharing for commercialised products derived from such pathogens. This approach aligns with the Nagoya Protocol principles but adapts them for fast-moving health emergencies.
For legal advisors working with public health agencies or biotech firms, this debate highlights emerging norms in digital sequence information (DSI) governance. As discussions continue under the WHO Intergovernmental Negotiating Body (INB), national policymakers may need to revise domestic laws on data sharing, biospecimen export, and IP rights in genetic resources.
