Pathogen Sharing

Abstract

Abstract This chapter, “Pathogen Sharing,” introduces the role of “access and benefit sharing” (ABS)—a transactional mechanism designed to allow countries to trade access to their sovereign genetic resources for monetary and non-monetary benefits—in global health law. Combating emerging and re-emerging infectious diseases requires a coordinated international scientific response that includes testing, surveillance, risk assessments, and the development of vaccines and other medical countermeasures. Each of these vital activities relies upon prompt access to pathogen samples. The international scientific community had long treated these pathogen samples as common resources, belonging to everyone, sharing samples freely and informally with scientists around the world to monitor the changing genetic sequences of pathogens and seeking to detect pathogens with pandemic potential before they take hold in the human population. However, international environmental law has come to impact the management of pathogen samples, recognizing genetic resources as the sovereign resources of the country of origin and allowing that country to negotiate the terms of access to these samples though an ABS transaction. Where countries seek to negotiate access to pathogen samples in exchange for sharing associated medicines and vaccines, the ABS transaction may not be the most efficient way to realize global health goals.