Abstract
Currently, there is a member-state-led discussion in the Intergovernmental Negotiating Body of the World Health Organization (WHO) to draft and negotiate a convention, agreement, or other international instrument under the Constitution of the WHO to strengthen global pandemic prevention, preparedness, and response (WHO CA+). An access and benefit-sharing (ABS) mechanism for pathogens is likely to be a key element of this instrument, as it may provide legal certainty for rapid pathogen sharing and global access to medical countermeasures against future pandemics and in some cases public health emergencies of international concern, which are expected to be provided to countries in need. A multilateral ABS mechanism may resolve issues arising from the bilateral nature of the current ABS mechanism established under the Nagoya Protocol (which requires recipients to decipher the complex web of ABS legislation, thereby preventing rapid access to pathogens), and may also improve uneven global access to medical countermeasures during pandemics. This study analyzes the ongoing WHO discussion on ABS mechanisms while reviewing other examples of such mechanisms, including those outside the health sector. Additionally, there is a growing global interest in mapping national policies on ABS, as discussions on international policies are ongoing in multiple fora. This study furthermore introduces Japan's ABS policy, which is not widely known, and explores how the new WHO mechanism could affect Japan, namely highlighting the importance and the challenges of participating in such a system for industry and academia in the context of a developed country.
