Intercambio de patógenos, salud pública y Protocolo de Nagoyaoportunidades y desafíos
ISSN: 0034-9380
Year of publication: 2021
Volume: 73
Issue: 1
Pages: 252-296
Type: Article
More publications in: Revista española de derecho internacional
Abstract
This article aims to analyze the public health implications of the Convention on Biological Diversity and its Nagoya Protocol on Access to genetic resources and the fair an equitable sharing of benefits arising from their utilization. Both instruments establish a new model where pathogen may be accessed subject to the prior informed consent of the country providing the resources and once mutually agreed terms have been reached that include the fair and equitable sharing of benefits arising from the utilization of the concerned resources. This new model differs from the common practice. In fact, the global sharing of pathogens was primarily done informally. In many instances, pathogens were shared without formal permission from national authorities. This situation presents challenges for both access and sharing of non-influenza and influenza virus. In fact, some problems related to the links between the NP and the Global Influenza Surveillance and Response System and the Pandemic Influenza Preparedness Framework are still unsolved.