The COVID-19 pandemic exposed a critical inefficiency in global health systems: life-saving vaccine and therapeutic knowledge often remains siloed within private companies during emergencies. While legal tools like compulsory licensing exist, they're politically fraught and slow to activate. Even in non-emergency times, fragmented intellectual property (IP) landscapes delay innovation and limit access in low-income countries. One approach could be creating structured systems that make knowledge sharing predictable and mutually beneficial for all stakeholders.

Building Legal Bridges for Health Emergencies

A potential solution might involve creating flexible legal frameworks that operate differently during peacetime versus crises:

• A "knowledge escrow" system where companies could deposit critical manufacturing know-how with a neutral entity, to be released only during WHO-declared emergencies
• Model contracts with predefined triggers (like mortality rates) that automatically activate technology transfer obligations
• Tiered incentives such as tax benefits or faster regulatory review for companies that opt into proactive sharing systems

Unlike existing voluntary pools like C-TAP, this approach would create binding commitments while avoiding the confrontational nature of compulsory licensing. Historical examples like the delays in H1N1 vaccine distribution suggest such systems could shave months off emergency responses.

Aligning Stakeholder Interests

The key challenge is balancing competing priorities across different groups:

• Pharmaceutical companies would need assurances that pre-committed IP retains commercial value outside emergencies
• Governments could provide purchase guarantees or R&D subsidies as incentives
• Low-income countries would gain predictable access without relying on charity

Practical implementation could start with a pilot program - perhaps partnering with a single vaccine manufacturer and national health agency to test emergency clauses in real contracts. Success would depend on demonstrating measurable benefits for early adopters, like reduced reputational risk during crises or streamlined regulatory processes.

From Theory to Impact

The project would first map existing legal tools across different jurisdictions, identifying where standardized contracts or escrow mechanisms could slot in. Case studies of past health crises would help quantify how much faster responses could have been with such systems in place. Unlike the Medicines Patent Pool (which focuses on specific diseases), this framework would create adaptable infrastructure for future unknown threats. Possible revenue could come from advising governments on implementation or licensing model agreements to NGOs.

The ultimate goal would be shifting health knowledge sharing from ad-hoc negotiations to a structured system, where private innovation and public health needs aren't at odds, but work in concert through smart policy design.