Rishabh Upadhyay

Author name: Rishabh Upadhyay

Rishabh is an analyst at SpicyIP. He is an LL.M. candidate at the Faculty of Law, Delhi University, having completed his undergraduate legal studies at the Faculty of Law, Banaras Hindu University. His interest lies in intellectual property jurisprudence, with particular emphasis on Patent Law, Access to Medicines, and International Law.

Equitable Pandemic Response: Delink Data Access from Benefit Sharing in the PABS Annex

October 17, 2026 / By Rishabh Upadhyay / Patent

Long Post Ahead! In May 2025, the World Health Organization’s member states adopted the Pandemic Agreement. However, until its Pathogen Access and Benefit-Sharing (PABS) Annex is adopted, it cannot be opened for signature. Currently, the talks on the annex remain stuck on one question: should benefit sharing be tied to access to pathogen data? In this post, I argue that this linkage is itself the problem. Drawing on the model proposed by Knowledge Ecology International (KEI) before the Intergovernmental Working

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