The WHO Pandemic Agreement involved difficult negotiations. There are new conditions to make access more equitable for products developed with public support. There are helpful measures on transparency, although they fall short of norms set out in the transparency resolution of 2019. The rights of persons with disabilities are noted, and should be addressed in the implementation of the agreement.

Several countries sought to limit technology transfer to voluntary measures, including states that in their own laws and regulations provide a path for mandatory measures. Voluntary agreements are important, but when not available or adequate, WHO member states need to have legal and policy space to regulate or use other measures of a mandatory nature.

A footnote in the agreement reads: “For the purposes of this agreement, “as mutually agreed” means willingly undertaken and on mutually agreed terms, without prejudice to the rights and obligations of the Parties under other international agreements.” The flexibility regarding mandates on technology transfer rely on the last part of the footnote, which reads “without prejudice to the rights and obligations of the Parties under other international agreements.” In this regard, it’s helpful that “other international agreements” are not defined or restrictive.

Technology transfer involves a variety of measures, including access to both patented inventions and the necessary know-how and materials used in manufacturing, such as working cell lines, as well as right to access and rely upon information from regulatory filings.

Technology transfer is critical to scale production, enable access to more affordable products and remedy anticompetitive practices in order to protect public health for all.