Beautiful Virgin Islands

Wednesday, Jan 21, 2026

A new pandemic playbook: Draft treaty sets out far-reaching new rules for countries

A new pandemic playbook: Draft treaty sets out far-reaching new rules for countries

Countries would need to make significant commitments to ensure equitable access to medical products.

The coronavirus pandemic isn't yet over but countries are already hashing out a new set of rules to respond to the next one.

The draft pandemic treaty that's being negotiated by diplomats in Geneva would require countries to make significant promises to ensure equitable access to pandemic products — commitments that are likely to receive pushback from Big Pharma.

A draft text, obtained by POLITICO, lays the groundwork for discussions that are expected to stretch until May 2024 when the final agreement will be adopted.

Countries have admitted they were not prepared for COVID-19 — which has infected more than 600 million people and claimed an estimated 6.6 million lives — with the crisis characterized by unequal access to vaccines, hoarding of medical supplies, a lack of transparency on procurement deals, and a lack of geographic diversity in the manufacturing of these products.

In its current form, the draft treaty would tie countries into significant commitments to improve access. A key aim? Preventing the “gross inequities that hindered timely access to medical and other COVID-19 pandemic response products” from happening again.

First proposed by European Council President Charles Michel in 2020, the idea was eventually taken up by countries at the World Health Organization. While the final agreement may not take the form of a treaty, the body negotiating the text has already agreed that it should be legally binding.

If agreed by the WHO's members, the consequences would be enormous not only for the countries themselves but for the pharmaceutical companies that develop, manufacture and distribute pandemic countermeasures. In its current form, the text ties countries into commitments that, if implemented, would shake up the conditions around the granting of money for research; would include commitments around the disclosure of prices and contractual terms for pandemic products; and put in place mechanisms to transfer technology and know-how.


Focus on transparency


Among the many provisions in the draft, the draft agreement states that countries should develop mechanisms that “promote and provide relevant transfer of technology and know-how” to potential manufacturers in all regions, with a focus on developing countries.

It also calls for measures that would encourage the sharing of resources for research and development, as well as the development of a set of principles “that ensure that public financing of research and development for pandemic response products results in more equitable access and affordability.” Importantly this would include “conditions on distributed manufacturing, licensing, technology transfer and pricing policies.”

The draft treaty also focuses on the need to establish stockpiles for pandemic products, suggesting the use of pooled mechanisms that are based on public need, with efficient multilateral and regional purchasing mechanisms being used.

Indemnity and confidentiality clauses that plagued decisions around COVID-19 vaccines are also targeted, with a call to implement measures to limit these clauses. The text seeks to ensure that “promoters of research for pandemic response products assume part of the risk (liability) when the products or supplies are in the research phase, and that making access to such pandemic response products.”

The draft treaty also calls for the disclosure of information on public funding for research and development that would include “recommendations to make it compulsory for companies that produce pandemic response products to disclose prices and contractual terms for public procurement in times of pandemics.” In many countries, information on the contractual provisions have remained closely guarded secrets, with transparency campaigners battling to access this information.

There is one provision in the text that will be a double-edged sword for the pharma industry — a call for "rapid, regular and timely" sharing of data on pathogens and genetic sequences. That request comes with the proviso that there is fair and equitable access to the benefits of providing this data. This would be supported by a "comprehensive system for access and benefit sharing."

Industry has called for the prompt sharing of information on potentially dangerous pathogens and has warned against these being used as "bargaining chips" by countries, expressing fear that drawn-out negotiations around the conditions for sharing the data would hamper its ability to respond.


Intellectual property


During the pandemic, Big Pharma has also extensively lobbied against any efforts that would seek to water down its intellectual property rights, even using threats of disinvestment to get its message across. While much has already been hashed out in the draft, issues around intellectual property rights have yet to be resolved.

Multiple proposals are listed in the document that ranges from the more neutral where countries would recognize that the “that protection of intellectual property rights is important for the development of new medical products, but also recognizing concerns about its effects on prices.”

On the more controversial end, one proposal calls on countries to recognize “the concerns that intellectual property on life-saving medical technologies continue to pose threat and barriers to the full realization of the right to health and to scientific progress for all, particularly the effect on prices.”

When it comes to enforcing the treaty, the path forward is unclear. The text states that the governing body will decide at its first meeting the procedures to promote compliance with the text and “if deemed appropriate, to address cases of non-compliance.” The measures would include monitoring, accountability measures and the submission of reports or reviews.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Trump Aides Say U.S. Has Discussed Offering Asylum to British Jews Amid Growing Antisemitism Concerns
UK Seeks Diplomatic De-escalation with Trump Over Greenland Tariff Threat
Prince Harry Returns to London as High Court Trial Begins Over Alleged Illegal Tabloid Snooping
High-Speed Train Collision in Southern Spain Kills at Least Twenty-One and Injures Scores
Meghan Markle May Return to the U.K. This Summer as Security Review Advances
Trump’s Greenland Tariff Threat Sparks EU Response and Risks Deep Transatlantic Rift
Prince Harry’s High Court Battle With Daily Mail Publisher Begins in London
Trump’s Tariff Escalation Presents Complex Challenges for the UK Economy
UK Prime Minister Starmer Rebukes Trump’s Greenland Tariff Strategy as Transatlantic Tensions Rise
Prince Harry’s Last Press Case in UK Court Signals Potential Turning Point in Media and Royal Relations
OpenAI to Begin Advertising in ChatGPT in Strategic Shift to New Revenue Model
GDP Growth Remains the Most Telling Barometer of Britain’s Economic Health
Prince William and Kate Middleton Stay Away as Prince Harry Visits London Amid Lingering Rift
Britain Braces for Colder Weather and Snow Risk as Temperatures Set to Plunge
Mass Protests Erupt as UK Nears Decision on China’s ‘Mega Embassy’ in London
Prince Harry to Return to UK to Testify in High-Profile Media Trial Against Associated Newspapers
Keir Starmer Rejects Trump’s Greenland Tariff Threat as ‘Completely Wrong’
Trump to hit Europe with 10% tariffs until Greenland deal is agreed
Prince Harry Returns to UK High Court as Final Privacy Trial Against Daily Mail Publisher Begins
Britain Confronts a Billion-Pound Wind Energy Paradox Amid Grid Constraints
The graduate 'jobpocalypse': Entry-level jobs are not shrinking. They are disappearing.
Cybercrime, Inc.: When Crime Becomes an Economy. How the World Accidentally Built a Twenty-Trillion-Dollar Criminal Economy
The Return of the Hands: Why the AI Age Is Rewriting the Meaning of “Real Work”
UK PM Kier Scammer Ridicules Tories With "Kamasutra"
Strategic Restraint, Credible Force, and the Discipline of Power
United Kingdom and Norway Endorse NATO’s ‘Arctic Sentry’ Mission Including Greenland
Woman Claiming to Be Freddie Mercury’s Secret Daughter Dies at Forty-Eight After Rare Cancer Battle
UK Launches First-Ever ‘Town of Culture’ Competition to Celebrate Local Stories and Boost Communities
Planned Sale of Shell and Exxon’s UK Gas Assets to Viaro Energy Collapses Amid Regulatory and Market Hurdles
UK Intensifies Arctic Security Engagement as Trump’s Greenland Rhetoric Fuels Allied Concern
Meghan Markle Could Return to the UK for the First Time in Nearly Four Years If Security Is Secured
Meghan Markle Likely to Return to UK Only if Harry Secures Official Security Cover
UAE Restricts Funding for Emiratis to Study in UK Amid Fears Over Muslim Brotherhood Influence
EU Seeks ‘Farage Clause’ in Brexit Reset Talks to Safeguard Long-Term Agreement Stability
Starmer’s Push to Rally Support for Action Against Elon Musk’s X Faces Setback as Canada Shuns Ban
UK Free School Meals Expansion Faces Political and Budgetary Delays
EU Seeks ‘Farage Clause’ in Brexit Reset Talks With Britain
Germany Hit by Major Airport Strikes Disrupting European Travel
Prince Harry Seeks King Charles’ Support to Open Invictus Games on UK Return
Washington Holds Back as Britain and France Signal Willingness to Deploy Troops in Postwar Ukraine
Elon Musk Accuses UK Government of Suppressing Free Speech as X Faces Potential Ban Over AI-Generated Content
Russia Deploys Hypersonic Missile in Strike on Ukraine
OpenAI and SoftBank Commit One Billion Dollars to Energy and Data Centre Supplier
UK Prime Minister Starmer Reaffirms Support for Danish Sovereignty Over Greenland Amid U.S. Pressure
UK Support Bolsters U.S. Seizure of Russian-Flagged Tanker Marinera in Atlantic Strike on Sanctions Evasion
The Claim That Maduro’s Capture and Trial Violate International Law Is Either Legally Illiterate—or Deliberately Deceptive
UK Data Watchdog Probes Elon Musk’s X Over AI-Generated Grok Images Amid Surge in Non-Consensual Outputs
Prince Harry to Return to UK for Court Hearing Without Plans to Meet King Charles III
UK Confirms Support for US Seizure of Russian-Flagged Oil Tanker in North Atlantic
Béla Tarr, Visionary Hungarian Filmmaker, Dies at Seventy After Long Illness
×