ABSTRACT
Pandemic influenza is one of the gravest threats to global public health. Asserting 'viral sovereignty', Indonesia and other developing countries claimed the applicability of the Convention on Biological Diversity (CBD), including the right of the provider country to determine the conditions of access. The Pandemic Influenza Preparedness Framework is a strong case in point for regime shifting. For regime shifting, asserting sovereignty over viral genetic resources offered a powerful tool against 'an unfair status quo whereby lower-income countries were expected to share viruses and then rely on ad hoc charitable donations'. The supply of influenza vaccines by originator companies in industrialized countries is critical for other countries to safeguard their public health. The conclusion of the Nagoya Protocol upped the ante for World Health Organization (WHO) negotiators: without a specialized regime for viral materials, developing countries could claim the full applicability of the Protocol during the next pandemic emergency.
