Why In News?

At the UN High-Level Meeting in October 2026, India reiterated its support for the Political Declaration on Pandemic Prevention, Preparedness and Response (PPPR) and the WHO Pandemic Agreement.

What Is the WHO Pandemic Agreement?

It is a legally binding international framework negotiated under Article 19 of the WHO Constitution, to strengthen global preparedness for future pandemics by addressing weaknesses exposed during COVID-19, including supply shortages, vaccine nationalism and disruptions in essential medical supply chains.

  • Adoption and Ratification: WHO Member States adopted the main text in May 2025, with 124 countries voting in favour, 11 abstaining and none voting against. 

  • One Health Framework: Articles 1 and 5 promote the One Health approach, linking human, animal and environmental health to improve the early detection and management of biological threats.

  • Global Supply Network: Article 13 provides for a Global Supply Chain and Logistics Network to strengthen access to essential medicines, vaccines and other health products during pandemics.

  • Financial Support: Article 20 establishes a Coordinating Financial Mechanism (CFM) to help mobilise and coordinate financial resources, particularly for developing countries.

  • Focus on Health Equity: Article 3 places equity at the centre of pandemic preparedness and response. It seeks greater cooperation in research and development, local manufacturing, technology capacity and transparent sharing of public-health information.

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  • Strengthening Global Capacity: The agreement encourages countries to expand domestic R&D and bio-manufacturing capabilities and reduce excessive dependence on a limited number of suppliers during future health emergencies.

Pathogen Access And Benefit-Sharing (PABS) System

Multilateral Sharing Framework: The PABS System, established under Article 12, creates a two-part mechanism for sharing pathogen resources and related information. 

  • Member states provide biological samples and Genetic Sequence Data (GSD) through WHO-coordinated laboratory networks (CLNs) and designated sequence databases (SDBs).

Mandatory Benefit-Sharing: Pharmaceutical manufacturers that enter standard PABS contracts must provide 20% of their real-time pandemic health-product output to the WHO. 

  • This includes 10% free-of-charge supplies and another 10% at affordable, not-for-profit prices for distribution to developing countries according to public-health needs and risks.

National Control Over Genetic Resources: Articles 3.2 and 12.12 recognise the sovereign rights of countries over their genetic resources. 

  • The framework is aligned with the principles of the Nagoya Protocol under the Convention on Biological Diversity (CBD) and seeks to prevent the commercial use of biological resources without appropriate benefit-sharing.

Data Access Linked to Benefits: Article 12.4 prevents claims for intellectual property rights over raw biological materials and GSD shared through the PABS mechanism. 

  • In return for access to pathogen resources and data, the framework connects participation with financial support, technology transfer and access to affordable pandemic countermeasures.

 

Pathogen Access and Benefit-Sharing (PABS) System

WTO TRIPS Patent Waiver Regime

Primary Legal Mechanism

Contractual, multilateral benefit-sharing system established under Article 12 of the WHO Pandemic Agreement.

Suspension of intellectual property obligations under Part II of the WTO TRIPS Agreement pursuant to Article IX waivers.

Scope of Coverage

Mandates a 20% allocation (10% donation + 10% affordable pricing) of real-time health products directly to the WHO.

Waives patent enforcement on vaccines, therapeutics, and diagnostics to permit domestic generic production.

Operational Focus

Combines pathogen sample sharing with mandatory technology transfer, manufacturing know-how, and supply logistics.

Focuses primarily on legal patent flexibilities without mandating the transfer of proprietary trade secrets or technical skills.

Governance Body

Administered under the World Health Organization (WHO) and its Conference of the Parties (COP).

Governed by the World Trade Organization (WTO) TRIPS Council.

What Are India’s Major Concerns In Global Pandemic Governance?

Fair Access to Pandemic Tools: At the 79th World Health Assembly in Geneva, India called for a fair pathogen benefit-sharing system that ensures developing countries receive vaccines, therapeutics and diagnostics in a timely, affordable and predictable manner.

Binding Agreements and Digital Tracking: India wants the Pathogen Access and Benefit-Sharing (PABS) System to operate through standardised, legally enforceable agreements. It also supports advanced digital tracking to trace the commercial use of shared pathogens and Genetic Sequence Data (GSD).

Limits of Voluntary Technology Transfer: India has raised concerns over relying only on voluntary technology transfer under Article 11, particularly when transfers are based on terms “as mutually agreed.” Such an approach could allow pharmaceutical companies to retain control over trade secrets and advanced technological know-how.

Building on Developing Countries’ Capacity: India argues that pandemic cooperation should reflect genuine global solidarity by recognising the manufacturing capabilities of developing countries. It also cautions against placing additional monitoring and surveillance responsibilities on these countries without adequate financial and institutional support.

Why Is Vaccine Equity Important for India and the Global South?

India’s Role in Global Vaccine Supply

  • Major Pharmaceutical Producer: India is the world’s 3rd-largest pharmaceutical producer by volume, with a domestic pharmaceutical market worth around $50 billion.

  • Vaccine Manufacturing Capacity: India produces a major share of the world’s vaccines and remains an important supplier for low- and middle-income countries (LMICs).

Dependence on Imported Raw Materials

  • API and KSM Vulnerability: Although India has strong vaccine formulation and manufacturing capacity, it still depends on other countries for several Active Pharmaceutical Ingredients (APIs) and Key Starting Materials (KSMs).

  • Supply Chain Risk: Dependence on overseas inputs can disrupt domestic vaccine production if exporting countries impose trade restrictions or export bans during health emergencies.

Technology and Intellectual Property Barriers

  • Limited Access to Advanced Platforms: Technologies such as mRNA vaccines and monoclonal antibodies involve complex patents, proprietary technologies and specialised know-how.

  • Replication Challenges: Even when international TRIPS flexibilities are available, manufacturers in developing countries may struggle to reproduce advanced vaccines because access to patents alone does not provide all the necessary technical knowledge.

COVID-19 Exposed Global Vaccine Inequality

  • Unequal Coverage: During the COVID-19 pandemic, vaccination coverage reached around 75% in high-income countries, while some Least Developed Countries (LDCs) recorded rates as low as 39% (UNDP).

  • Vaccine Nationalism: The unequal distribution showed how market-driven procurement and national stockpiling can leave poorer countries with limited access to life-saving vaccines.

Vaccine Equity Ensure

  • Health Security: Fair access can help countries respond faster to future pandemics.

  • Global South: Stronger manufacturing capacity, technology transfer and diversified supply chains can reduce the dependence of developing countries on a few global suppliers.

Source: THEHINDU

PRACTICE QUESTION

Q. As the pharmacy of the Global South, India must balance its domestic intellectual property dependencies with its global health diplomacy leadership." Discuss. 150 words