AIPLA Comments to HHS on WHO Pandemic Treaty

Written February 8, 2024

Arlington, VA. January 31, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the RFC on Implications of Access and Benefit Sharing (ABS) Commitments/Regimes and Other Proposed Commitments in the World Health Organization (WHO) Pandemic Agreement.

The comments raise concerns about the draft text of WHO’s proposed development of an international agreement to enhance pandemic prevention, preparedness, and response, particularly regarding its potential impact on IP rights. While AIPLA supports the agreement's goals, there are concerns that ambiguous language could grant the WHO broad authority over health issues and hinder private sector innovation. AIPLA also criticizes the proposed ABS system, fearing it could impede research efforts and discourage collaboration. The comments advocate for stronger IP protections within the agreement and emphasize existing mechanisms, such as FDA regulations, to ensure transparency in medical research. AIPLA stresses the need for careful consideration to balance global cooperation with the preservation of IP rights.


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