WHO patent pools solve for global tech development

Given that the Global North is responsible for a majority of the world’s biotechnology innovation and thereby owns most of the intellectual property (“IP”) for these technologies, a fine balance must be achieved between increasing international access to care without deterring essential [R&D]Research & Development investment. The World Health Organization (“WHO”) has created a voluntary patent pool in an attempt to resolve this tension. Known as the COVID-19 Technology Access Pool (“C-TAP”), this effort led by Costa Rica and the WHO aims to leverage collective research and incentivize international cooperation to address the pandemic. The goal of such a patent pool is to bundle multiple pieces of IP together so as to reduce the transaction costs of knowledge sharing on a patent-by-patent basis. Signatory nations to this proposal agree to sharing data, knowledge, and IP surrounding COVID-19 detection, prevention, and treatment. Thus far, 35+ countries have signed, but many of the world’s leading biotechnology innovators (including the US, UK, France, Germany, China, Russia, Canada, and India) have not joined the international effort. Importantly, such a voluntary patent pool is preferable to the pharmaceutical industry relative to a compulsory licensing approach, in which countries could entirely circumvent the patents of innovator pharmaceutical companies and allow domestic generic companies to manufacture and distribute the products.