Discuss the significance of the Pathogen Access and Benefit-Sharing (PABS) system for equitable access to medical countermeasures. How can India shape its outcome?

The Pathogen Access and Benefit-Sharing (PABS) system is set out in Article 12 of the WHO Pandemic Agreement, which was adopted through resolution WHA78.1 in May 2025. It links the sharing of pathogen samples and sequence data to a fair share of vaccines, therapeutics and diagnostics [1]. It is the treaty's main answer to the vaccine inequity seen during COVID-19. However, its operational annex is still being negotiated.

Significance for equitable access

• Reciprocity in law: the sharing of pathogen materials and the sharing of benefits stand "on an equal footing" [1]. Countries that report new pathogens are not left behind when products arrive.
• Assured share: in a pandemic emergency, participating manufacturers must give WHO rapid access to a target of 20% of real-time production. At least 10% of that is a donation and the rest is sold at affordable prices [1].
• Need-based allocation: products are distributed by public health risk and need, with particular attention to developing countries [1].
• Wider production: the benefit options include non-exclusive licences for manufacturers in developing countries [1].
• Gateway to the treaty: the Agreement opens for signature only after the annex is adopted [1]. The 8th IGWG meeting (September 2026) was still negotiating that annex [2].

Gaps to be closed

• The treaty leaves "participating manufacturer" to be defined in the annex. Before a full pandemic emergency is declared, the annex needs only "options" for access [1].
• Technology transfer happens only "as mutually agreed" [1].

How India can shape the outcome

• Make the 20% rule hard to escape: India can press for a definition of "participating manufacturer" that makes PABS terms a condition for using shared samples and data.
• Fix terms before a crisis: India can push for standard contracts like those of the PIP Framework (2011). That framework ties influenza virus sharing to vaccine access through standard material transfer agreements [3].
• Use its strength as a producer: Article 12.5(f) requires PABS to make it easier to manufacture and export countermeasures [1]. This favours Indian vaccine makers and licensing hubs in the Global South.
• Balance its two roles: India both supplies pathogen samples and produces vaccines. It must protect its national access and benefit-sharing law, which Parties are asked to align with PABS [1].
• Build bridges: India can use Global South platforms to push for fixed shares from the earlier PHEIC stage.

PABS could turn the idea of solidarity into binding contracts. If India negotiates firmly on definitions, contracts and licensing, an annex adopted on time can make "equity" in the Agreement real and advance SDG 3 (good health and well-being).